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HomeMy WebLinkAboutMay 14, 2001 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., CoIumbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 ~i'sit Our Website at: www. ci. columbia-heights. mn.us ADMINISTRATION May ll, 2001 Mavor Gary L. Peterson Councilmembers Marlaine Szurek Julienne ~Fyckoff Bruce Nawrocki Robert A, grilljams City Manager The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, May 14, 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 Columbia 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 impaired only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. 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.) 4. 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 April 23, 2001, regular City Council meeting and the minutes of the April 17, 2001 special City Council meeting, as presented. 2) Acceptance of the 2000 Comprehensive Annual Financial Report and the Independent Auditors Report from HLB Tautges Redpath, Ltd. MOTION: Move to accept the 2000 independent auditors report from HLB Tautges Redpath, Ltd. including the Comprehensive Annual Financial Report and Management Reports for the City of Columbia Heights and the EDA. MOTION: Move to direct staff to follow up on the auditor's recommendations and to report back to the City Council on a quarterly basis regarding the implementation of the auditor's recommendations. 3) Award bid for sale of 1967 Pirsch Fire Pumper MOTION: Move to award the bid for a 1967 Pirsch Fire Pumper based on the bid received from Brad Krull for $2,600; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. THE CITY Of COLUMBIA HEIGHT5 DOE5 NOT DI5CRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT Or THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Agenda May l4,2001 Page 2 of 4 4) Award bid on refinishing wood floor in Murzyn Hall MOTION: Move to award the bid for refinishing the wood floor in Murzyn Hall to Renewed Hardwood Floors of 3406 Humboldt Avenue, Minneapolis, MN based on their low, qualified bid in the amount of $5,775.00, with funds being appropriated from the Murzyn Hall budget; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. 5) Approve Reappointment of Steve Johnson to the Planning and Zoning Commission MOTION: Move to reappoint Steve Johnson to a four-year term on the Planning and Zoning Commission, with the term to expire April 1, 2005. 6) Appointment of members to the Downtown Master Plan Advisory Task Force MOTION: Move to appoint the following individuals to the Downtown Master Plan Advisory Task Force: Louretta Nelson, Sandy Sichak, Sue Trezona, Karen Gutkaes and Lisa Fisher. 7) Authorize Permits for 2001 Jamboree MOTION: Move to authorize staff to close Jefferson Street for the time period from Monday afternoon, June 18, 2001 through Sunday, June 24, 2001. MOTION: Move to authorize the Police department to issue a parade permit for the Jamboree Parade to be held on Friday, June 22, 2001 at 6:30 p.m. for the following streets: Central Avenue at 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street, and 5th Street to Mill Street. 8) Award of Bituminous Surface Milling MOTION: Move to award the project to Mill Bituminous Surface to Midwest Asphalt Corp. of Hopkins, Minnesota, based upon their low, qualified, responsible quote in the amount of $1.25 per square yard for a total cost not to exceed $18,750.00, to be appropriated from Fund 415-50101-5130; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 9) Consideration of Joint Powers Agreement with City of Hilltop for cost sharing of Corporate Limit streets included with Zone 5 Street Rehabilitation Works. Move to approve a Joint Powers Agreement with the City of Hilltop for cost sharing of Corporate Limit streets included with Zone 5 Street Rehabilitation Work; and, authorize the Mayor and City Manager to enter into an agreement for the same. 10) Accept the engineering reports for the 3900 block of Van Buren and 40th Avenue and McKinley intersections and Authorize the preparation of Plans and Specs for Stormwater Piping Replacement on 40th Avenue MOTION: Move to accept the engineering reports (2) for 3942 Van Buren and the intersection of 40th Avenue and McKinley Street. MOTION: Move to authorize City Staff to perform the short-term improvements on 40th and McKinley identified as "a-d", above. MOTION: Move to authorize the preparation of plans and specs for 40th and McKinley for the replacement of 24 and 48- inch storm sewer on 40th Avenue. City Council Agenda May 14, 2001 Page 3 of 4 11) Adopt Resolution No. 2001-37, being a Resolution authorizing application for a DNR Grant for Storm Water Mitigation Improvements MOTION: Move to waive the reading of Resolution No. 2001-37, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2001-37, authorizing the Public Works Director to apply for DNR Grant Assistance Program Funds for 3942 Van Buren Street and designating the Director of Public Works as the primary contact for the program. 12) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for May 14, 2001 as presented. 13) Approve Payment of Bills MOTION: Motion to approve payment of the bills, as listed, out of the proper fund. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations 1) Peace Officers' Memorial Day - May 15, 2001 B) Presentations 1) Robert Ruettimann, 15 years of service on the Park and Recreation Advisory Board C) Introduction of New Employees 1) Police Officer Rob Harvey 2) Police Officer Jason Beckett D) Recognition 6. PUBLIC HEARINGS ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) First Reading of Ordinance No. 1429, being an Ordinance Establishing a Heritage Preservation Commission. MOTION: Move to waive the reading of Ordinance No., 1429, there being ample copies available to the public. MOTION: Move to establish Tuesday, May 29, 2001, at approximately 7:00 p.m. as the second reading of Ordinance # 1429, Establishment of a Heritage Preservation Commission. 2) Second Reading of Ordinance No. 1428, being an Ordinance amending Ordinance No. 818 pertaining to Zoning and Development. MOTION: Move to waive the reading of Ordinance No. 1428, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1428, Columbia Heights Zoning and Development Ordinance, being an ordinance amending Ordinance No. 818 pertaining to Zoning and Development. B) Bid Considerations City Council Agenda May 14, 2001 Page 4 of 4 C) Other Business 1) Budget Appropriation for Minnegasco Rate Increases Recommended MOTION: Move to direct staff to review the 2001 utility rate increases as part of the 2002 budget preparation to determine if there will be adequate under expending in the various funds to cover the rate increases, and to present this information to the City Council as part of the 2002 budget process. Alternate MOTION: Move to appropriate $32,249.54 from the general fund undesignated fund balance to the general fund, library fired, and central garage fund per the attached worksheet to cover Minnegasco rate increases. 2) Variance Request, Case #2001-0507, 3954 Arthur Street NE MOTION: Move to deny the 760 square foot variance at 3954 Arthur Street NE because a legitimate hardship has not been established, and the property can be put to reasonable use under the provisions of the ordinance. MOTION: Move to approve the three (3) foot height variance request at 3954 Arthur street NE as the proposal is consistent with the newly proposed height standard of eighteen (18) feet. 3) Establish Board and Commission Interview Date MOTION: Move to establish a Board and Commission Interview date of determined by Council). (date to be ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the March 14, 2001, Human Services Commission 2) Meeting of the April 2, 2001, Traffic Commission 3) Meeting of the April 19, 2001, Telecommunications Commission 4) Meeting of the May 1, 2001, Planning and Zoning Commission 5) Meeting of the May 1, 2001 Public Library Board of Trustees 10. CITIZENS FORUM (At this time, citizens have an opporttmity 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 pvm ' ager OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING APRIL 23, 2001 The regular meeting of the City Council was called to order at 7:00 p.m. on Monday, April 23, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. CALL TO ORDER/ROLL CALL Present: Councilmembers Williams, Szurek, Wyckoff, Nawrocki, and Mayor Peterson PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson asked that anyone wishing to address Council, raise their hand and the Chair would acknowledge the speaker by asking them to come to the podium, introduce themselves and give their address for the record. Nawrockz' suggested that as the consent agenda might take additional time, he suggested the Presentation portion of the meeting be addressed first. As there were no objections from Council, the Mayor moved on to the Proclamations, Presentations, Recognitions, and Guests portion of the agenda. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamations 1) 2001 Arbor Day and Arbor Month Proclamation Lauren McClanahan was present to explain the Arbor Day activities Mayor Peterson read the Arbor Day/Month Proclamation for 2001 and presented it to Lauren McClanahan, Public Works Superintendent. McClanahan, who also serves as City Forester, stated that Columbia Heights has been a "Tree City USA" since 1992. Requirements to be a Tree City USA includes having a designated Tree Board, having an adopted tree ordinance, spending two cents per capita on reforestation, and having an Arbor Day celebration. McClanahan stated the Arbor Day Celebration would be Friday, April 26, at l : 30 p. m. at Lomianki Park - with representatives of the Sister City Group. McClanahan showed Council members the Tree City USA flag that will be displayed at Public Works building. 2) 2001 Mayor's Prayer Breakfast Proclamation Mayor Peterson read the Proclamation, which proclaimed Tuesday, May 15, 2001 as the date of the Columbia Heights Mayor's Prayer Breakfast. 3) 2001 Loyalty Day Proclamation Mayor Peterson read the Loyalty Day Proclamation calling for everyone to reaffirm love of flag and country on May 1, 2001. Nawrocki, as Commander, accepted the Proclamation on behalf of VFW Post #230 and the Ladies Auxiliary. He reminded everyone of the freedoms we enjoy in this country, and encouraged residents to keep the message going. City Council Minutes April 23, 2001 Page 2 of l 3 Presentations- 1) Values First Community Recognition Award Mayor Peterson introduced Barb Warren, the Values First Coordinator. Barb Warren described the new award program sponsored by the Values First Initiative to individuals and businesses that exemplify the Seven Core Values. She stated Values First starts with children and succeeds to families and businesses. Warren read the first award and presented it to Bill Karol, President of the Columbia Heights Lions Club and stated a few of their contributions to the community. Warren also presented a second award to Tom Beck, President of Northeast State Bank, and Larry Pietrzalc, Vice-President of Northeast State Bank, for setting corporate values, and allowing staff to contribute their time to our community. Peterson thanked the Lions Club and Northeast State Bank for their contribution of "Values" to our community. Introduction of New Employees I) John Nordltmd - Park Maintenance Lauren McClanahan, Public Wor~ Superintendent, introduced John Nordlund, who will be working with Park Maintenance crews. Nordlund comes to the City with a strong background in landscape and design. Nordlund thanked the Council. 2) Lee Johnston - Library Clerk Becky Loader, Library Director, introducedLee Johnston as the new Library Clerk. Johnston worked 25 years for a law firm and wanted something different. Johnston thanked the Council for this opportunity. Nawrocki gave Loader information received from Senator Bill Luther's office, following his request of programs or funds available for library renovations. 3) Larry Scott - Liquor Operations Manager Bill Elrite, Finance Director, introduced Larry Scott, the new Liquor Operations Manager. He described Scott's extensive background in liquor operations. Scott stated he has worked 26 years in liquor operations at one of largest liquor retailers in the metro area. Councilmembers questioned Scott's goals for pro~t increases. Scott indicated he is presently learning how this operation runs, and will strive for pro~tability by increase sales, not increased prices. 4) Miscellaneous Peterson referred to the Sister City meeting he attended last Tuesday, where Brother Milton presented him with a crest of our Sister City, Lomianki, Poland. He asked that the crest be displayed in the Sister City display case in City Hall, along with the Easter card he received from their Mayor. Peterson called up Wally Logacz, Marie Przynski, and Bernie Szymczak, Sister City Committee members; and Bobby Willjams of deff's Bobby and Steve's Auto World. Auto World hem a 30 day promotion for our Sister City and the Committee, whereby they raised and donated $7,269.00 toward a vehicle for transporting Lomianki children to hospitals. Williams spoke ofhow important this Sister City relationship is and how important it is to help children in need. Mr. Logacz thanked Mr. Williams for approaching the Committee and raising the funds and the awareness that Columbia Heights has a Sister City in Lomianki, Poland. Mr. Logacz also thanked the Council for their continued support. City Council Minutes April 23, 2001 Page 3 of 13 Recognition -none CONSENT AGENDA Peterson removed item number 19 for additional discussion. Nawrocki requested items number 2 (the first motion), number 5, number 8 and number 15 be removed from the consent agenda for additional discussion. MOTION by Szurek, second by Nawrocki, to approve the Consent Agenda items as follows: 1) Minutes for Approval Motion to approve the minutes of the April 9, 2001, regular City Council meeting as presented. 2) (Establish Work Session Meeting Dates for Monday, May 7, 2001 and Monday, May 21, 2001 - Removed); and a joint meeting of the School District and Councils of Fridley, Hilltop, and Columbia Heights on Thursday, May 17, 2001; and to reschedule the May 28 City Council meeting to Tuesday, May 29, 2001. Fehst stated the scheduled meeting date of May 28 is Memorial Day, and recommended rescheduling it. Motion to establish a joint meeting date with the District 13 School Board, and Councils of Fridley, Hilltop and Columbia Heights to be held on Thursday, May 17, 2001 at 5:30 p.m. at the Columbia Heights High School Family Center. Motion to reschedule the May 28 regular City Council meeting to Tuesday, May 29, 2001 at 7:00 p.m. in the City Hall Council Chambers. 3) Authorize Application for Federal FIRE Act Grant Funding Motion to authorize Fire Department staff to prepare a grant proposal for personal protective equipment for 34 firefighting personnel in the amount of approximately $23,000.00. 4) Authorize Firework display and to seek bids for 2001 Jamboree Fireworks Motion to authorize fireworks on Saturday, June 23, 2001 in conjunction with the Jamboree activities and to seek bids for a $6,000 fireworks display with $3,000 appropriated from fund 101- 45050-4378 5) Authorize to seek bids on refinishing of wood floor in Murzyn Hall (Removed for discussion) 6) Authorize to seek bids for purchase of scoreboard to be installed on Huset Park Ball Field #5. Motion to authorize recreation staff to seek bids for the purchase of a new scoreboard to be installed on Huset Park Ball Field #5 to be purchased from account 881-45001-5180. Nawrocki stated that the total cost wouM be paid by contributions from the Booster Club. 7) Authorize chan~ing Support Company for Document Imaging System Motion to authorize the Mayor and City Manager to purchase annual LaserFiche maintenance agreements through Enterprise Network Systems at a current cost of $3,825 plus sales tax, and to continue purchasing annual maintenance agreements through ENS as long as ENS service is acceptable. Fehst indicated staff feels we will get receive better service from this company. 8) Authorize Wireless Network Connection Between CiW Hall, Parkview Villa and Top Vafu Liquor {Removed for discussion) City Council Minutes April 23, 2001 Page 4 of 13 9) Authorize Insurance Coverage from 05/09/2001 to 05/09/2002 Motion to authorize the Mayor and City Manager to enter into an agreement with A. J. Gallagher & Co. to be recognized as our Agent of Record for the City's insurance package. 10) Telephone System Upgrade for Caller ID Motion to direct staff to further research the issue of adding Caller ID to the City's telephone system and to present an evaluation of the pros and cons to the City Council as part of the 2002 budget preparations. Fehst indicated this motion is at the direction of Council to further research the Caller ID option and possibly lowering the cost. 11 )Authorize School Based Partnership Grant Evaluation Contract Motion to approve the attached contract between the City of Columbia Heights and Professor Richard Lawrence for the review and validation of the data collected in our Federal School Based Partnership Grant and to authorize the Mayor and City Manager to enter into a contract for the same. Fehst stated this contract would allow the review and validation of initial information gathered through the School Based Partnership Grant. 12) Authorize purchase of Speed Trailer from Federal Equipment Block Grant Motion to authorize the purchase of a Kustom Signal Smart Model I Speed Trailer in the amount of $13,840 plus tax, with funding to come from the 2001 Federal Equipment Block Grant 276-42113, and that the Mayor and City Manager be authorized to enter into a contract for same. Fehst stated that we share the current speed trailer with two other communities. 13) Authorize Transfer of Funds from General Fund to Police Department 2001 Budget Overtime Line #1020 Motion to transfer $2,873.36, the total amount of money received from the State of Minnesota via Anoka County for our efforts in transporting inebriated individuals to detox from the General Fund to the Police Department 2001 Budget line #1020 overtime. This would be done to assist in covering the costs of overtime to staff this function. 14) Authorize Transfer of Funds from General Fund to Police Department Budget to Re-pay Overtime Fund Motion to transfer $1,873.32, the total amount received from Unique Thrift Store, for off duty security worked, from the General Fund to the Police Department 2001 Budget under line #1020 15) Authorize replacement of Unit #223,Toro Grounds Master 580-D Lawnmower (Removed for discussion) 16) Authorize the replacement of Unit #200: Ford RF350 4x4 One Ton Dump Truck, and Unit #200A: a 8'x6' Western Snow Plow Motion to authorize the replacement of Unit #200 with one (1) new Ford Super Duty 450 4x4 chassis under the State of Minnesota Purchasing Contract from Airlake Ford-Mercury, Lakeville, MN in the amount of $29,821, plus sales tax. Funding shall be divided equally from the Sewer and Water Capital Equipment Replacement Funds. City Council Minutes April 23, 2001 Page 5 of 13 Motion to authorize the purchase of the dump box and snow plow package from Truck Utilities MFG., Co., 2370 English Street, St. Paul, MN, in the amount of $16,310, plus sales tax. Funding shall be divided equally from the Sewer and Water Capital Equipment Replacement Ftmds. 17) Adopt Resolution No. 2001-36, being a resolution accepting bids and awarding the 2001 Miscellaneous Concrete Repairs Motion to waive the reading of Resolution No.2001-36, there being ample copies available to the public. Motion to approve and adopt Resolution No. 2001-36, being a Resolution accepting bids and awarding the 2001 Miscellaneous Concrete Repairs and Installations, Municipal Project #2001-00 to Ron Kassa Construction, Inc., of Elko, Minnesota, based upon their low, qualified, responsible total bid in the amount of $43,388.30 with funds to be appropriated from Ftmd 401-50100-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Fehst stated this is a yearly contract for small projects done in the city each year. RESOLUTION NO. 2001-36 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2001 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT No. 2001-00 TO RON KASSA CONSTRUCTION, INC. OF ELKO, MINNESOTA WHEREAS, pursuant to an advertisement for bids for City Project No. 2001-00, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Addendum 1 Total Bid Ron Kassa Construction Inc. Standard Sidewalk, Inc Ti-Zack Concrete Inc. Creative Curb, LLC Thomas & Sons Construction, Inc. $36,572.70 $6,815.60 $43,388.30 $37,868.50 $7,810.00 $45,678.50 $38,536.00 $10,728.00 $49,264.00 $43,596.95 $8,421.00 $52,017.95 $45,510.05 $9,001.00 $54,511.05 WHEREAS, it appears that Ron Kassa Construction, Inc., 6005 250th Avenue East, Elko, Minnesota 55020 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLLrMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Ron Kassa Construction Inc. in the name of the City of Columbia Heights, for the 2001 Miscellaneous Concrete Repairs and Installations, City Project No. 2001-00, according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained nntil the contract has been signed. City Project #2001-00 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street Fund, Sewer and Water Fund and P1R funds. City Council Minutes April 23, 2001 Page 6 of 13 Dated this 23rd day of April 2001. Offered by: Szurek Seconded by: Nawrocki Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Cl~rk 18) Authorize Award of 2001 Street and Parking Lane Striping project Motion to award the 2001 Street and Parking Lane Striping project to AAA Striping Service Co., of Rogers, Minnesota, based upon their low, qualified, responsible bid in the amount of $4,771.81, with $4,142.83 to be appropriated from Fund 212-43190-4000 and $628.98 to be appropriated from Fund 101-43170-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 19) Approve Business License Applications (Removed for discussion) 20) Approve Payment of Bills Motion to pay the bills, as listed, out of the proper fund. Wyckoff commented on the advantages of the speed trailer. Upon vote of the consent agenda items: All ayes. Motion carried. Item #2 Work Session meeting dates for May 7 and 21, 2001. Nawrocki stated he was not in favor of work sessions, and felt all discussions should be at Council meetings. He requested at least two additional work sessions be established to review the proposed Zoning and Development Ordinance. He suggested these meetings be in the Council Chambers, and that they be televised. Fehst stated the City newsletter indicates the second reading of this ordinance will be at the May 14, 2001 Council meeting. Szurek stated that staff and Planning and Zoning Commissioners have answered any questions she had, and she is confident that this revision cleans up language that was hard to understand. Szurek explained the attempts to involve the public in the revision process. ~Villiams stated he wants to make sure residents questions are answered. He would like to see help for small lots in the ordinance and clarification of "a hardship ". I~Vyckoff fell that the Planning & Zoning Commission did a good job on the revision and that Council was given the minutes of their meetings and copies of the ordinance with sufficient time to have all questions answered. Residents were invited to meetings and there are copies of the ordinance available to the public. She felt it should be called a "building ordinance ". Wyckoff stated that changes were basically cosmetic and that she was comfortable that it would be the most workable ordinance we could have. NawrocM stated that it was the Planning and Zoning Commission's responsibility to make this recommendation, and now for the Council and the public to understand. He wanted to see openness in this process. Nawrocki stated that the Zoning Ordinance adopts the Zoning Map as part of the ordinance. Nawrocki strongly urged additional meetings to discuss the proposed ordinance. Peterson stated the purpose of the scheduled meeting on April 30 would be to have any final questions answered, and if there are no big issues remaining he will call for the second reading at the May 14 Council meeting. He again welcomed the public to come and voice any concerns. City Council Minutes April 23, 2001 Page 7 of 13 Fehst listed agenda items for the proposed May 7 work session: · Auditors/Annual Audit Report · Consideration of proposed Heritage Preservation Ordinance · Award bid for refinishing wood floor at Murzyn Hall. · Award bid for Scoreboard at Huset Park. · Awarding bid for Old Pirsch Fire truck · Review of supplemental storm water engineering reports; 40th & McKinley and 39xx Block of Van Buren · Review and recommendations of Sanitary Sewer Televising & Inspection in Zone 5. MOTION by Szurek, second by Wyckoff, to establish work session meeting dates for May 7 and 21, 2001 at 7:00 p.m. MOTION by Nawrocki to strike the May 21 meeting, on the basis there is not a set agenda for that meeting. Nawrocki stated that Parliamentary Procedure requires that an agenda be established. Hoe~ indicated that under Minnesota State Statute, a special meeting must have an agende posted three days prior to the meeting. Agenda items can be removed, but can not be added Peterson stated that it was sufficient if work session agenda items for May 21 were listed at the May 14 Council meeting. Motion died for lack of a second Upon vote of the original motion: Williams, aye, Szurek, aye; Wyckoff, aye, Nawrocki, nay; Peterson, aye. Four votes to one, Motion Carried. Item #5 Seek bids on re~nishinl~ of wood floor in Murzyn Hall MOTION by Szurek, second by Williams, to authorize staff to seek bids for the refinishing of the wood floor in the main hall of Murzyn Hall with the funds to be appropriated from account 101-45129-4000. Nawrocki stated that he looked at the floor and couM notjustij52 $9,000 for this project, and felt it couM be done at a later time. Szurek indicated that she also looked at the floor, and stated that a professional did inspect it, indicating that the floor required refinishing. Szurek favored preventive maintenance versus replacement of the entire floor in the near future. Peterson indicated this is a request for bids only, that $9,000 is the budgeted amount, not the bid amount. Peterson stated that in his professional opinion the floor requires preventive maintenance. He stated that Murzyn Hall was built in 1938 and is a cornerstone of the community, and therefore should be a high priority to maintain and keep looking nice at all times. Willjams asked that a speaker from the company that bids be invited to explain the necessity of this project. Karsten McCarthy, 4213 5th Street, questioned floor maintenance, the costper foot and product warranty. Peterson stated this approval would be to solicit bids, on a square foot basis. Upon vote: Williams, aye, Szurek, aye; Wyckoff, aye, Nawrocki, nay; Peterson, aye. Four votes to one, Motion Carried. Item #8 Wireless Network Connection Between City Hall, Parkview Villa and Top Valu Liquor MOTION by Wyckoff, second by Szurek, to authorize the Mayor and City Manager to enter into an agreement with Marco for the installation of a wireless network connection between City Hall, Parkview Villa and Top Valu Liquor based on their proposal at a cost not to exceed $13,000. Bill Elrite, Finance Director, stated this project started three years ago with the need for computerization at the high-rise for management purposes. He described the current cumbersome system and Housing and City Council Minutes April 23, 2001 Page 8 of 13 Urban Development reporting requirements. Elrite stated that leased telephone lines were considered, but greater efficiency and ultimate cost savings would be realized through wireless network connections. Elrite stated that network connections would allow use of our e-mail system, and access to all programs at City Hall, such as ~nancial information and lnternet connection. Willjams agreed with the staff recommendation. Nawrocki stated that there was merit to the proposal, but felt this was not of prime importance and should be cut to reduce spending. Elrite stated the majority of the cost would come from the high-rise budget, and the remainder from liquor operations and computer updates. Upon vote: Williams, aye, Szurek, aye; Wyckoff, aye, Nawrocki, nay; Peterson, aye. Four votes to one, Motion Carried. Item # 15 - Replacement of Grotmds Master Mower MOTION by Szurek, second by Williams, to authorize the purchase of one (1) new Toro Grounds Master 580-D Lawnmower, from the Minnesota State Purchasing Contract price of $69,606 less the trade-in of ($16,500) for a total purchase price of $53,106 plus sales tax, from MTI Distributing, Plymouth MN, with funding allocated from Parks Capital Equipment. Kevin Hansen, Public Works Director, described the benefits of thisl 6 foot mower, stating the current mower is five years oM and beginning to have engine and hydraulic problems. He stated replacing the engine would cost $10,000. This piece of equipment was budgeted for replacement in 2001. Nawrocki stated he inspected the mower and spoke with Steve Synowczynski, Shop Foreman. He felt this mower has a low amount of hours of use and that this expenditure could be delayed. Szurek also visited the Public Works shop and spoke to the mechanics. She explained the large volume of grass cut in a short amount of time with this mower, and the safety factor that debris exits from the back of the machine versus the sides. Staff indicated the new mower would have a larger motor, better suited to this equipment. Szurek was comfortable that this mower needs to be replaced to continue the maintenance of our parks. Williams stated that~ve years is the average life of equipment. He felt it is a major financial loss if equipment breaks down and employees are idle waiting for repairs. Wyckoff stated that if the purchase is delayed the price of a new unit will increase and the trade-in value will decrease. Nawrocki stated he initially intended to vote against replacement of the mower and the truck, but after talMng to Synowczynski decided to vote in favor of replacing the truck. Upon vote: Williams, aye, Szurek, aye; Wyckoff, aye, Nawrocki, nay; Peterson, aye. Four votes to one, Motion Carried. Item # 19 Approve Business License Application Jim Hoe~, City Attorney, referred to Police Chief Johnson 's memo outlining the situation. Hoefi indicated Chief Johnson spoke to Immigration Services and that he spoke to the Kwon's attorney regarding Mr. Kwon 's status in the United States. Hoeft stated that more and more licensing issues containing unique situations are beingpresented to the Council. In this case, the spouse of the applicant is wanted for deportation issues. Hoe~ had indicated to Mr. Kwon that he should pursue remedies to this situation with the INS. Hoe~ stated this could be a two year process. Hoefi indicated that denial of this license could end the purchase of this property. City Council Minutes April 23, 2001 Page 9 of 13 Hoefi indicated that responses to Chief Johnson from the INS were non-committaL with no straight answer as to how we couM facilitate this process. Hoefi stated an option other than denying the application would be to grant the license for this year, with the understanding that upon the annual renewal process efforts to resolve the issue with INS wouM be scruanized. This would allow the sale of the property to be~nalized. Hoeft reminded Council that there is no problem with the applicant, Mrs. Kwon. Szurek asked for clarification, as Chief Johnson 's memo recommended denial of the application and Hoeft is now suggesting it would be an option to approve the strong beer and wine license. Hoe~ stated that Chief Johnson wanted Council to know his concerns, but is not against helping a new business get started. Peterson asked that the representative of the Kwon's come forward. Woodrow Woofin Byum, Attorney for the Kwon 's, introduced himself, listed his background and gave a handout to Council. Byum questioned why the City was more concerned with the spouse than the applicant. He stated that the applicant is a permanent resident of this country, has a green card, has been fingerprinted, and has applied for permanent naturalization, which should take approximately three months. Byum questioned if it was City policy to check the citizenship of all applicants, and if the status of 'famous" people would be checked. Byum stated that Mr. Kwon is considered "out of status ", meaning people who stay in this country longer than they should. He referred ta page six of the handout which described the "Life Act" signed by President Clinton before leaving office, which allowed the 11,000, O00 persons who overstayed in this country to apply for a green card prior to April 30, 2001 without penalty. Byum listed some categories where persons are not allowed to stay because of crimes committed. He stated that Mr. Kwon does not fall into the category of immediate deportation of unreliable residents. Byum stated that Mr. Kwon has now applied for a green card, which should allow him to stay in this country until he receives a green card. He stated the couple is married and have five children, one that is theirs together. Byum stated that if Mr. Kwon were deported, the family would stay and the business would go on. Byum asked that the City be dedicated to its non-discrimination policy and approve the license to give this hardworking Korean couple a chance. He stated that this wouM also help the seller to move on. Nawrocki questioned if Mrs. Kwon 's holding a green card qualified her as a permanent resident, and the length of time a green card is valid. Byum stated that she is a permanent resident and theprocess for citizenship has begun. A green card is valid for 14years the first time, and can be renewed every lO years thereafter. Byum referred to page eleven which is the petition for a relative of a permanent resident which will eventually allow him to become a permanent resident, or a green card hold. Nawrocki asked if Mr. Kwon could work without a green card? Byum indicated he is not supposed ta, but many of the 11,000,000 illegal or "out of status" immigrants are working. Nawrocki stated that one party is in violation of the law, which should not be dismissed lightly, and felt the suggestion of a license for one year was not a sensible alternative. He felt that all immigration issues should be cleared up before consideration of granting this license. Wyckoff questioned their marital background and stated that any reference to racism displeased her. Nawrocki stated that all applicants are asked the same questions and indicated that a marriage relationship carries rights for ownership of property. Byum stated that Mrs. Kwon should not be penalized for Mr. Kwon's status. Peterson reminded everyone that the issue before Council was a strong beer and wine license. He stated there was no criminal history of the person making application. Peterson stated that the City treats everyone the same. City Council Minutes April 23, 2001 Page 10of13 MOTION by Nawrocki, to approve the license applications as listed, with the exception of the on sale liquor license for 4952 Central Avenue. Motion seconded by Wyckoff. Upon vote; all ayes. Motion Carried. MOTION by Nawrocki that the on sale strong beer and wine license request for 4952 Central Avenue be denied on the recommendation of the Police Department. Motion died for lack of a second. MOTION by Nawrocki, that the on sale strong beer and wine license request for 4952 Central Avenue be tabled for additional information. Seconded by Williams. Hoefi advised that if the motion were tabled, no additional discussion couM be held. Upon roll call vote: Williams, nay; Szurek, nay; Wyckoff, nay; Nawrocki, aye; Peterson, nay. Four nays, one aye; Motion failed. MOTION by Wyckoffto approve the application for an on sale wine and beer license for Ok Cha Kwon at 4952 Central Avenue NE. Fehst stated that at the time of annual renewal the immigration status of the spouse would be revisited. Willjams asked for Police Captain Roddy's statement. Roddy indicated that Chief Johnson and City Attorney Hoe~ mainly handled this issue. Hoe~ indicated that in Chief Johnson 's last contact with the INS, he suggested they pick up Mr. Kwon, but they did not. Byum stated the INS is hesitant to move on people that are here and not violating any laws. Nawrocki stated that Mr. Kwon is violating a law being here illegally. Peterson invited members of the audience to speak. Grace Vitalinti stated that she works with the Korean Family Advocacy as a victim's advocate. She stated that Mrs. Kwon has been here since 1986, where she met, married and had a child with Mr. Kwon. They presently have a cleaning business. She would not be able to continue the cleaning business herself if her husband were deported, so she put a down payment on this business. Mrs. Kwon would continue to run this business without her husband, if necessary. Vitalinti stated that Mrs. Kwon should receive citizenship in about three months and that within one year this situation will be settled. Vitalinti asked Council to give her a chance for a year. Szurek indicated that the present license for this business is only for beer, and this is an upgrade request for strong beer and wine. Byum stated the upgrade request is so authentic Korean beverages may be served. Edward Vitalinti stated that he has known Mrs. Kwon since 1986 and felt the husband's case with the INS was irrelevant. He stated that she has proved her responsibility by maintaining a business. He stated they are from South Korea and that they would add to our economy, and asked Council to grant this request. Danny Peterson stated he has been married to his Korean wife for 34years, and has known Mrs. Kwon for quite some time. He stated he understood the reason for background checks, but neither of the parties have a criminal record. Dee Logan, 1221 391h Ave NE, encouraged license approval for this new business owner on Central Avenue, versus another boarded up building. City Council Minutes April 23. 2001 Page 11 of 13 Ron Karon, the current owner, stated that the continuing problems obtaining this license were creating a hardship for him. The initial purchase agreement was signed in December of 2000. He requested the matter be settled immediately. Williams stated he was uncomfortable going against the Police Chiefs recommendation. Hoeft stated the Chief's memo was presented so Council would be aware of the situation and discuss the issues. He did not want this presented and approved with the general license applications. Peterson reminded Council that if the license was violated, it could be withdrawn. Peterson read from the earlier proclamation allowing for the '~pursuit of happiness ". Mark Wagner, 5050 6th Street, questioned if problems happen, what recourse is there besides license revocation. He felt there should be the same rules for everyone. Hoefi indicated the added scrutiny with a liquor license request. He stated that the City does review citizenship on all applicants. Fehst stated that the process is set and uniform for all associations and businesses that apply, maintaining consistency. Peterson stated that even if the INS made Mr. Kwon leave the country, that would not be cause for removal of the license. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. Four aye, one nay; Motion eartied. PUBLIC HEARINGS A) Close the Public Heating for Revocation/Suspension of Rental Housing License at 4032 Van Buren SWeet NE Mayor Peterson closed the public hearing in that the property is now in compliance with the Residential Maintenance Code. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions B) Bid Considerations C) Other Business ADMINISTRATIVE REPORTS A) Report of the City Manager Fehst stated that Washburn/McReavy would be holding a Grand Opening on May 5 and 6, 2001 at their new facility on Central Avenue. There will be a public ceremony on May 5. B) Report of the City Attorney - nothing to report. GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) McetingofthePlanningandZoningCommissionhcldonApril3,2001 2) Meeting ofthe Economic Development Authority held March 20, 2001 Peterson reminded everyone of the meeting on April 30, 2001 at 7:00p. m. in the City Council Chambers to discuss the proposed Zoning and Development Ordinance. He encouraged residents with concerns to attend this meeting. lfyckoff referred to the Recyclopedia sent to residents by Anoka County. Vr'yckoff reminded residents that if they place an appliance at the curb for removal, they must call the hauler with this information. Wyckoff pointed out City Council Minutes April 23, 2001 Page 12 of 13 the legal notice in the Focus newspaper regarding the sale of 3913 Polk Street. IVyckoff indicated that the EDA has discussed selling this property to Habitat for Humanity, and she requested feedback from the public. Nawrocki indicated his dissatisfaction with discrepancies in the Recyclopedia mailing from Anoka County. Fehst stated that clean up of the demolished restaurant site would begin very soon. Nawrocki questioned the increased cost of heating, and now vehicle fuel, and what the impact wouM be on the budget. Hansen indicated the approaches to the footbridge at 42'ut and University have been removed. This is a Mn/DOT program from last year. The bridge will also be reconstructed, along with new fencing and steps. lVilliams asked Hansen if an agreement was reached with the City of Hilltop regarding Zone 5 street reconstruction. Hansen indicated this agreement was reached last Monday. Nawrocki indicated he attended the North Suburban Mayor's meeting, and had transportation program information to share. CITIZENS FORUM Leonard Deering, 4311 Jefferson, questioned why Jefferson Street has not be cleaned yet. He stated that he cleaned out the storm sewer drain seven to eight times during the weekend rain storms. Hansen indicated that crews have been out sweeping. Environmentally sensitive areas are targeted first, such as Labelle Pond, and Sullivan Lake, then crews move to main areas. Hansen stated a large problem is debris from yards or trees that washes on to streets that have already been swept. Hansen stated that it is appreciated when residents assist by keeping storm water drains clear of debris. Deering also referred to alley water run offproblems from heavy rains, and that he was toM~ve years ago this would be repaired. Hansen stated this area is in Zone 6 and will be addressed next year. Willjams invited the proposed manager of a new restaurant being planned at the old 500 Club to speak. Nick Bonjovonie stated he is affiliated with Mr. Ken Hurtz, and they plan to open an up-scale Italian restaurant featuring plays and other live interactive entertainment. He indicated the building would be remodeled and expanded with an atrium. Future plans include acquiringproperty for additional parking. This restaurant was previously located in the Lumber Exchange building. Christine Turner, 4205 7th Street, stated she was present to request a change to the six-hour parking ordinance. She credited Police Captain Bill Roddy for trying to help her understand the ordinance. She explained that while having work done on her garage, she had a dumpster in her driveway and parked her vehicle on the street. Turner parked in the street knowing the 12-hour winter parking restriction was lifted, but received a parking ticket. She was not aware of the six-hour ordinance and that it was enforced when a complaint was received. Turner questioned lifting the overnight parking ban if there is still a six-hour parking limit. She suggested modifying the limit to 12 hours for consistency. Roddy indicated that the week prior to this incident a flyer was placed on vehicles parked in the street as a reminder that the six-hour parking ordinance would be enforced,' unfortunately, residents not parked on the street were not made aware of the restriction. Roddy stated that Ms. Turner was very cordial in explaining the situation and he agred to dismiss this ticket, because of the dumpster in her yard. Roddy stated the Police Department and the Public Works Department plan to meet and assess our street parking issues and snow removal issues on streets and sidewalks. A plan and ordinance proposal may be presented to Council prior to the next snow season. Fehst stated the current ordinance is not uncommon. Other options are 12 hour parking limits or no parking on streets. City Council Minutes April 23, 2001 Page 13 of 13 Harold Hoium, 4315 5th Street, thanked Councilmember Nawrocki for the American flag donated to the City Hall conference room, and thanked staff for promptly displaying it. Hoium thanked members of the Lions Club for the breakfast served on Sunday. Dee Logan asked Wyckoff to remind residents who place appliances on the curb for disposal to remove the doors for safety. She also asked that Council members speak into their microphones so they can be heard more easily. ADJOURNMENT Mayor Peterson adjoumed the meeting at 10: 10 p .m. Patricia Muscovitz, Deputy City Clerk OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL SPECIAL COUNCIL MEETING APRIL 17, 2001 TFIESE MmiUTES' HAVE NOT BEEN APPROVED. A special meeting of the City Council was called to order at 6:10 p.m. on Tuesday, April 17, 2001 at Parkview Villa, 965 40th Avenue N.E., Columbia Heights, Minnesota. CALL TO ORDER/ROLL CALL Present: Councilmember Szurek, Wyckoff, Nawrocki, Williams, and Mayor Peterson. APPOINT SECRETLY PRO-TEM MOTION by Nawrocki, seconded by Williams to appoint Cher Bakken, Secretary Pro-Tem for this meeting only. All ayes. Motion Carried. MASTER SUBORDINATION AGREEMENT AND ESTOPPEL CERTIFICATE Jim Hoeft, City Attorney, explained that this document was reviewed by Dan Grecnsweig of Kennedy & Graven, Chartered. Hoefi reviewed the Agreement and Estoppel Certificate and stated that the documents meet all of the necessary requirements. John Utley, Kennedy & Graven, Chartered stated that the document was received in their offices today and felt that all of the changes required have been made. Dan Greensweig will look over the documents thoroughly before they are executed. The Subordination Agreement is part of the process when two parties enter into an agreement for a development. In this case, the obligations to the City/EDA are ahead of the Bank and in all cases the lender is willing to put up the money necessary for the project only if they can have relatively unfettered access to the property. In the event of foreclosure the lender could sell the property at its fair market value with the fewest constraints on the ownership as possible. Nawrocki had some questions in regards to the mortgage amounts. Keith Jans, Real Estate Equities passed out a Sources and Uses ofFands spreadsheet to the Council members. Jans explained that the permanent mortgage would be $685,000, which is a convertible mortgage that has two components: 1) approximately, $1,422,000 in a two year construction loan piece, and 2) $685,000 which will be the permanent loan piece. Jans explained that the Great Loan is put into place as a structure loan or an interim loan that fills the gap which occurs with tax credit equity that is received in three payments and other funds that don't come in right away. Nawrocki asked if the $1,900,000 tax credits could be paid entirely out ofTIF money over a period of years. Jans explained that tax credit equity is paid back out of the tax credits, appreciation and a percentage of the TIF Cashflow. Jans also explained that this document is only for the Townhomes and will have to be done again for the Assisted Senior Housing Units. Szurek asked for clarification of the verbiage in the motion, "subject to modifications that do not alter the substance of the agreement". Hoefi explained that the documents were distributed while they were still making some adjustments and expressed his feelings that it was okay to have the motion worded that way. MOTION by Wyckoff, seconded by Szurek, to approve the Master Subordination Agreement and Estoppel by and between Columbia Heights Housing Limited Partnership I, a Minnesota limited partnership, U.S. Bank National Association, the County of Anoka, Minnesota, and the City of Columbia Heights, Minnesota, and authorize its execution, and direct the authorized officials to execute the same, subject to modifications that do not alter the substance of the agreement and are approved by such officials, provided that execution of the agreement by such officials is conclusive evidence of their approval, and further approve and ratify all actions taken by City staff, officials, and consultants prior to this date with respect to the development described there. Upon Vote: Nawrocki - nay, Wyckoff- aye, Szurek - aye, Williums - aye, and Peterson - aye. Motion Carried. SUBORDINATION AGREEMENT AND ESTOPPEL CERTIFICATE Hoet'c explained that this document refers to the Planned Unit Development Agreement. He has reviewed the document, and talked to Real Estate Equities to make a few changes. Nawrocki asked who the partners are to this agreement. Jans stated that the principal company is Real Estate Equities with members Bob Bisanz and Terry Troy, and the Columbia Heights Limited Partnership is W.N.C. & Associates Financial, which essentially buys the tax credits for the development. MOTION by Szurek, seconded by Williams, to approve the Subordination Agreement by and among U.S. Bank National Association, and the Columbia Heights Economic Development Authority, and the City of Columbia Heights and authorize its execution, and direct the authorized officials to execute the same, subject to modifications that do not alter the substance of the agreement and are approved by such officials, provided that execution of the agreement by such officials is conclusive evidence of their approval. Upon Vote: Nawrocki - nay, Wyckoff- aye, Szurek - aye, Williams - aye, and Peterson - aye. Motion Carried. ADJOURNMENT Mayor Peterson adjourned the meeting at 6:45 p.m. Cher Bakken, Secretary Pro-Tem CITY COUNCIL LETTER Meeting of: May 14, 2001 AGENDA SECTION: NO: ITEM: ACCEPTANCE OF THE 2000 COMPREHENSIVE ANNUAL FINANCIAL REPORT AND THE INDEPENDENT AUDITORS REPORT FROM HLB TAUTGES REDPATH, LTD. NO: ORIGINATING DEPT: CITY MANAGER FINANC.EAL~M~TE APPROVAL Y: ILLI BY DATE: 05/08/01 At the work session of May 7, 2001 Dave Mol from the auditing firm of HLB Tautges Redpath, Ltd. presented to the City Council the 2000 Comprehensive Annual Financial Report along with their independent auditors report including the report on compliance with the Minnesota Legal Compliance Audit Guide for Local Governments. In addition to this, he presented the Management Report for the City of Columbia Heights and the EDA. Dave Mol did an excellent job of summarizing these reports and their findings. Some council members had questions in relationship to the various reports and in general, it seemed there was a consensus for staff to follow-up on the auditor's recommendations and report back to the council as these recommendations are implemented or resolved. Based on this, it is staff's recommendation that the council formally accept the annual audit report. RECOMMENDED MOTION: Move to accept the 2000 independent auditors report from tfLB Tautges Redpath, Ltd. including the Comprehensive Annual Financial Report and Management Reports for the City of Columbia Heights and the EDA. RECOMMENDED MOTION: Move to direct staff to follow up on the auditor's recommendations and to report back to the City Council on a quarterly basis regarding the implementation of the auditor's recommendations. WE:SIns 0105O87COUNCIL COUNCIL ACTION: CITY COUNCIL LETTER Meeting of.' May 14, 2001 AGENDA SECTION: NO: ITEM: NO: Sale of 1967 Pirsch pumper ORIGINATING DEPARTMENT: Fire BY: Charles Thompson DATE: May 3, 2001 CITY MANAGER APPROVAL BY.'.~//~'~ DATE: Background: In October, 2000, the City Council authorized the Fire Department to bid out a 1967 Pirsch fire pumper. The pumper is 33 years old and is no longer used in the Fire Department inventory. The Fire Department advertised the sale of the pumper in the LMC Newsletter, the City's official paper, the Focus, as well as the Sun newspaper. The advertisement was also posted in City Hall and on a national level in the Fire Trader. The Fire Chief contacted three individuals on file who had expressed interest in the past and sent information to two groups who have interest in old fire trucks. The bid process closed on April 2, 2001 with only one bid received from Brad Krull for $2,600.00. Recommended motion: Move to Award the Bid for a 1967 Pirsch Fire Pureper based on the bid received from Brad Krull for $2,600; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: May 14, 2001 AGENDA SECTION: CONSENT AGENDA L~_/4- L[ NO: ITEM: AWARD BID ON REFINISHING WOOD FLOOR INMURZYNHALL NO: ORIGINATiNG DEPT.: Recreation CITY MANAGER APPROVAL BACKGROUND: Staff has budgeted $9,000 for the annual refinishing of the wood floor in Murzyn Hall. Due to the fact the past oil based urethane refinishing has not withstood the increased wear and tear on the floor, a more comprehensive refinishing is necessary to maintain the floor and prevent further damage. The Recreation Department is requesting authorization to award the bid on refinishing the wood floor in Murzyn Hull to Renewed Hardwood Floors of 3406 Humboldt Avenue North, Minneapolis, MN, for the total amount of $5775.00. It should be noted that $9,000 was budgeted for this item in 10145129-4000. Staff received five bids for sanding and applying three coats of Glitza finish. The five bids were as follows: 1) 2) 3) 4) 5) Ideal Hardwood Floors - $7312.50 Always Wood Floors - $8795.00 Brenner Floor Corporation - $7425,00 Americana Flooring Company - $8207.50 Renewed Hardwood Floors - $5775,00 RECOMMENDED MOTION: Move to award the bid for refinishing the wood floor in Murzyn Hall to Renewed Hardwood Floors of 3406 Humboldt Avenue, Minneapolis, MN based on their low, qualified bid in the amount of $5775.00, with funds being appropriated from the Murzyn Hall budget; and furthermore to authorize the Mayor and City Manager to enter into agreement for the same. COUNCIL ACTION: CC-Woodtloo~)l COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: May 14, 2001 AGENDA SECTION: Consent NO: ~UA- ITEM: Board/Commission Reappointment NO: ORIGINATING DEPARTMENT: CITY MANAGER' S BY: Walt Fehst DATE: May 7, 2001 CITY MANAGER'S APPROVAL Term to expire April of 2001 is: Board or Commission Planning and Zoning Commission Name Date Requesting Reappointment Steve Johnson 4-2001 yes MOTION: Move to reappoint Steve Johnson to a four-year term on the Planning and Zoning Commission, with the term to expire April 1, 2005. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: May 14, 2001 AGENDA SECTION: CONSENT MO: ORIGINATING DEPARTMENT: CITY MANAGER'S ITEM: DOWNTOWN MASTER PLAN ADVISORY TASK BY: WALT FENST FORCE DATE: NO: CITY AGER' S BACKGROUND: As you know, the City has reviewed and explored the recommendations of the Downtown Master Plan Advisory Task Force (see attached), which includes acceptance of the Town Square Concept. As a result of the council's action, there were a few meetings that I am aware of with the Huset Park Neighborhood Group. One of these meetings was attended by Ken Anderson and Tim Johnson, and the other was attended by Ken Anderson and myself. At both of these meetings, it was apparent to us that the residents that lived adjacent to Huset Park along 40th Avenue and along Jackson and Van Buren were particularly upset with parts of the master plan which referred to the building of multi-family townhomes replacing single family homes, which presently exist on 40th Avenue. Because of the overwhelming comments exchanged at both of these meetings, where 50-60 people were present, a number of people volunteered to actively participate in a re-assembled advisory task force. This reconstituted task force would re-review the Downtown Master Plan, accepting more direct input from residents that are directly impacted by the results of the study. As a result of these concerns, I advised the residents that I would recommend to the City Council to add five additional people from the Huset Park list of volunteers for appointment to this task force. The Council aqreed to consider the appointment of five people from the Huset Park Neighborhood. It was clear that the Council wished to have residents appointed to this commission who are from the group of Huset Park Neighborhood volunteers. The five names listed below are those that are recommended to appointment, based on the Huset Park Neighborhood Group's review. This list was give to me by Kaye Stickler: Louretta Nelson Sandy Sichak Sue Trezona Karen Gutkaes Lisa Fisher 3934 Van Buren St. N.E. 3938 Van Buren Street N.E. 808 40th Avenue N.E. 684 40th Avenue N.E. 3977 Quincy Street N.E. CONCLUSION: The staff recommendation is to appoint these five people to the Downtown Master Plan Advisory Task Force. It would be my recommendation to call the consultant back for at least one, possibly two meetings with this reconstituted task force to review the process of decision- making and the alternatives that were recommended to the Council. This reconstructed task force would then make a recommendation to the City Council for their re-consideration. RECOMMENDED MOTION: Move to appoint the following individuals to the Downtown Master Plan Advisory Task Force: Louretta Nelson, Sandy Sichak, Sue Trezona, Karen Gutkaes, and Lisa Fisher. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS COMMUNITY DEVELOPMENT DATE: September 25, 2000 TO: FROM: RE: Honorable Mayor, Gary L. Peterson; Don G. Jolly, Councilmember; Julierme Wyckoff, Councilmember; Marlaine Szurek, Councilmember; John Hunter, Councilmember; Walt Fehst, City Manager; Robert Ruettimann, EDA President, Pat Jindra, EDA Vice President; Planning & Zoning Commissioners; Downtown Master Plan Citizen Advisory Committee; Division Heads; Keith Windschitl, Recreation Director; Columbia Heights Public Library. Kenneth R. Anderson, Community 'Development Director ~ Transmittal of Columbia Heights Downtown Master Plan. We have forwarded for your information and future reference purposes a copy of the Columbia Heights Downtown Master Plan. This plan is the culmination of the efforts of many dedicated Citizen Advisory Committee members as well as staff, consultant and City Council members. The City Council took action in August, 2000 to approve the Downtown Master Plan with the "Town Square" concept plan as the preferred redevelopment scenario. The motion enacted by the City Council reads as follows: "Move to adopt the Town Square concept plan of the Columbia Heights Downtown Master Plan to guide future redevelopment efforts with the goals of creating a positive identity for Downtown Columbia Heights, strengthen ties among nearby neighborhoods, and to attract appropriate new business opportunities." The purpose of this Plan will be to provide a framework to guide future redevelopment activities within the target area between 37th and 4fa Avenues on both sides of Central and extending west along 40th tO University Avenue NE. Again, we extend our thanks to everyone who participated in the development of this plan and we hope it provides a useful document and vision for future redevelopment of our community. If after your review of the plan you have any questions, please feel free to contact me at 763-706- 3672 or Tim Johnson, City Plarmer, at 763-706-3673. Attachment c: Randy Schumacher, Community Development Assistant Day File H:~Ken\Downtown Master PIn COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) Meeting of: October 17, 2000 AGENDA SECTION: Items for Consideration, Other Business NO: 9-C-1 ITEM: Master Redevelopment Plan for Downtown Columbia Heights ORIGINATING DEPARTMENT: EDA BY: Kenneth Anderson DATE: October 13, 2000 EXECUTIVE DIRECTOR APPROVAL ?: Issue Statement: The City has been in the process of preparing a Master Redevelopment Plan to improve the image and vitality of downtown Columbia Heights. Request EDA action to approve the Downtown Master Plan with the Town Square as the preferred concept plan. (Please bring your copy of the Master Plan to the meeting.) Background: In response to Minnesota Design Team recommendations made in May, 1998, the City applied for and received Livable Commtmities Demonstration Account funds from the Metropolitan Council to prepare a Master Redevelopment Plan for the downtown area. Staff has been working with SRF Consulting Group, Inc. and a 22 member task force in the preparation of this plan. A Wwn meeting was held on November 17, 1999, to provide an opportunity for interested citizens to review and comment on the proposals (see attached comment tabulation). Task force recommendations were discussed at the work sessions scheduled for January 17, and August 7, 2000. The version dated April, 2000 and received August 2, 2000 includes a reformsned market analysis section and expanded streetscape section with a suggested list of trees to be planted. Analysis: Tw~ redeve~opment scenari~s (Town Square C~ncept and Urban Green C~ncept) had been re~~mmended by the task force along with streetscape design recommendations. As you may recall, there were three possible redevelopmerit scenarios presented at the town meeting in November (Town Square, Urban Green, and Civic Center). The Town Square and Urban Green concept were recommended for City Council consideration by the planning task force. It is generally believed by members of the task force that these two proposals will have a more positive impact on Columbia Heights than the Civic Cemer concept. A market analysis that was prepared for the Plan indicated that redevelopmerit occurring in the downtown area will be most successful in the form of smaller-scale, mixed-use retail, service, office, and residential uses. The Town Square concept focuses on the area west of the intersection of 40th Avenue and Central Avenue. The intent is to create a new mixed-use district on 40m Avenue west of Central which combines new centralized civic uses, new public open space, commercial development, and new downtown multi-family residential development into a revitalized center. The Urban Green concept also provides new public open space on the south side of 40a' Avenue and provides a pedestrian connection from that open space to Murzyn Hall. This concept places more emphasis on existing commercial buildings along Central Avenue at the 40a' Avenue intersection with new public open space extending to this intersection, providing a direct visual and pedestrian connection to Murzyn Hall. The proposed civic uses are decentralized in the Urban Green concept. The Master Redevelopmerit Plan also provides streetscape design recommendations for lighting, street trees, sidewaR{ markings, furnishings, and gateways. Also attached, please fred two site plans prepared by Buetow and Associates from the Space Needs Study which illustrate a possible scenario for City Hall, Public Safety, and a future hbrary to be located in Hnset Park. Please note that this concept is very similar to the Civic Center Concept that the task force decided not to include as a recommendation in the Master Redevelopment Plan. The second site plan diagrams potential realignment of ballfields in Hnset Park. There are certain core principles that are common to both concepts and are listed below: Mixed-use development will be promoted west of Centxal Avenue N.E. within the target area. Urban design elements and streetscape improvements will be incorporated along Central and 40th Avenue N.E. Huset Park will be connected to the vicinity of the Central and 40'" Avenue N.E. intersection with a greenway or promenade. Increased higher density housing will be encouraged to promote mixed-use concepts. Multi-modal transit use and pedestrian connections will be incorporated into proposed redevelopment projects. Key civic facilities (Library, City Hall, Emergency Services) will be co-located near green/open space and linked to commercial businesses on Central Avenue. Implementation steps will be initiated to solicit developer interest, acquire properties, and perform follow-up CityfEDA analysis of funding options for proposed redevelopment(s). AGENDA SECTION: Items for Consideration, Other Business NO: 9-C-1 ORIGINATING DEPT.: EDA EXECUTIVE DIRECTOR APPROVAL ITEM: Master Redevelopment Plan for NO: Downtown Columbia Heights Page 2 of 2 BY: Ken Anderson DATE: October 13, 2000 BY: A Huset Park Neighborhood Association meeting was held on Thursday, October 12, 2000. Approximately 60 persons airended and were quite concerned about the potential impacts on their individual properties, i.e., acquisition through negotiation with a developer/builder or eminent domain. Many thought the plan should be put to a public vote and were concerned that the existing single family homes were not protected or promoted in the new plan. Recommendation: StaffisrequestmgthattheEDAc~nsidertheD~wnt~wnMasterP~anandappr~vetheT~wnSquareas the preferred concept in the recommended motion. The City Council adopted this same motion at its meeting of August 14, 2000. Recommended Motion: Move to adopt the Town Square Concept Plan of the Columbia Heights Downtown Master Plan to guide future redevelopment efforts with the goals of creating a positive identity for downtown Columbia Heights, strengthen ties among nearby neighborhoods, and to attract appropriate new business opportunities. Attachments.' Open house comment tabulation and siteplans from the Space Needs Study. EDA ACTION: h:\consent\Master Redev. Plan2 Ci~ Of Columbia Heights Downtown Master Ph~n Community Open House Comment Tabulation 1/19/9 9 T'ae t'ts'ponse to the scenarios pte=e,~tec[ at the Open House w.u generally quite pasi~v~. ~y ~c~le ~e~ ~t ~cy w~e ~y to s~ s~g ~p~g m ~ve ~ ~g~ orDo~to~ Col~ ~ti~ A [~ ~i~ To~ n~er of ~en r~po~: 25 T. the prgpert7 t~C you ow~ do bu.~e~ or mide at ~k~y ~ected by ~e concept ~S O NO ,1~ ,Col~ia Eeig~U r~ident l I Owner of p~pe~ in study ~ Owner or b~ine~ ~8 study Appointed pubUc offic~a~ Elected pnbUc o~ciaJ Respoues for featIres people liked: 5 A new i~r~ for Coluznbi~ Hei~ts, in . ~. S~ng ~hdon to C~ A~, ~ on C~ or on 40s ~ C~ , ,1, ~Lx~d-~e ~ ~t ~d: ~i~orhood Kc~ te b~s~ci~c ~c~des Responses for features people ~ked: } A bridge ~ssi~S over Cm~ra2 Av=u= 2 ~ecl~of~d~i~ho~g 2 R~moval of~i~c~ ~ong C~ Avenue I-'ms d:mt generated other wrir~n or vet'hal conc,-ns included potential for low*quality developsaran in lai~-densi~ residential a~.~; say public ameni~te dsat require add~,'io~q~ msinte.,,snce: disrarbs=s cause~- by ~ eq,aip2ut if=love[ ne=xer C~ral: msd d~e loss of existing businesses on ~,0'~' Items people felt should bare been addressed/addressed in e_renter deearia: a, Cos= u.soc~ed w~,.h ~=ch sceaz~o } P:u*t:~g ,ncca~ions. ~Y ~ ~h~on m ~ ~ Site ~ P~ for ~l~o~'co~don ofe~g ~dencn or b~m~scs Suggestions offered for Task Fot~e considen~ion ;-chded zone parking permits ~'nr the .',r=I tr~l:dr~:cunl com~olS for ~ew residm~dal Scenario most preferred overng: I0 ."Urban Green"- focus on Cencnl Argue ~s a g~teway to Columbia Heights. B ,"Town Square"- organize civic. cornmcrcial &: residential activity ~rotmd a corr:nuniv/ square on JOa' ~djac~t co C~,l Av~uc. 4 "Civic Center"'- encounge comm. ercial acnviry. on J,O~ ac N[iil Stree.'. retaining ~he ctzrr, e.'.t City. Hail lot:scion. !. Opposed - co nil thre.* ;;ttem',tives. · .1 Nr response. \. 'L · / / / /' ./' I9 / .. \ 'X\ ..__~ IaeJIS ./ ;/~u!nO L · ! CITY COUNCIL LETTER Meeting of: 5/14/01 AGENDA SECTION: CONSENT AGENDA NO: Lt- ITEM: PERMITS FOR 2001 JAMBOREE ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER The City of Columbia Heights Jamboree will be held June 20-241h this year. The carnival, operated by Family Fun Shows Inc., usually arrives a day or two for set-up, which requires the closing off Jefferson St. on Monday afternoon, June 18th. Staff is requesting permission to close Jefferson Street from the alleyway on the north end of Huset Park to the railroad tracks north of 39th Avenue. Other arrangements are made with various City departments inclucling the license application, payment of necessary license fees and permits, and that the required damage deposits are submitted. The annual Jamboree Parade will be held on Friday, June 22, 2001, beginning at 6:30 P.M. The parade route is the same as previous years. Staff is recommending that the City Council authorize the Police Department to issue a parade permit for the Jamboree Parade. RECOMMENDED MOTION: Move to authorize staff to close Jefferson Street for the time period from Monday afternoon, June 18, 2001, through Sunday, June 24, 2001. RECOMMENDED MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 22, 2001, at 6:30 P.M. for the following streets: Central Avenue at 45th Avenue to 40'h Avenue, west on 40th Avenue to 5th Street, and 5th Street to Mill Street. Ktt.'jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 5/14/01 AGENDA SECTION: CONSENT AGENDA NO: ~( _ ~ _~ ITEM: AWARD OF BITUMINOUS SURFACE MILLING ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hartsen ~ DATE: 5/9/01 CITY MANAGER Background: On March 26, 2001, City Council authorized staff to proceed with the Seal Coat Project in Zone 5. As part of the street repairs prior to seal coating, staff recommends edge milling and in a few locations full milling selected portions of the streets in Zone 5. The edge milling removes areas of previous patches and seal coats that are failing. Once the contracted milling has been completed, staff performs the detail milling around manholes, catch basins and gate valves, etc. and paves/patchas the milled areas. An informal bid process was initiated with proposal forms sent to three companies. One quote was received by the deadline of 11:00 a.m. Wednesday, May 9, 2001. Analysis/Conclusions: Quotes are obtained for milling because the large machine (7' width) used by contractors can remove the material along the curb line in one pass at a fairly good speed. The entire seal coat area is done in two to three days. Conversely, it would require staff to make 3-4 passes to remove the material along the curb line with the City's 16" wide mill. Staff estimates 2 to 3 weeks to do the same amount of milling work. The Street Department staff then focuses its time on detail milling, patching and paving, critical considering the short time frame involved in preparing the seal coat area. Midwest Asphalt Corp. of Hopkins, Minnesota, submitted the quote in the amount of $1.25 per square yard. This is an increase of $0.05, or 4 percent over last year. Staff is proposing to mill between 12,000 and 15,000 square yards. Conlxacted milling costs were included with the total costs in the Engineer's Estimate. Recommended Motion: Move to award the project to Mill Bituminous Surface to Midwest Asphalt Corp. of Hopkins, Minnesota, based upon their low, qualified, responsible quote in the amount of $1.25 per square yard for a total cost not to exceed $18,750.00, to be appropriated from Fund 415-50101-5130; end, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. rd~:jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 5/14/01 AGENDA SECTION: CONSENT AGENDA NO: t~ ~ A ~ ITEM: Joint Powers Agreement with City of Hilltop for cost sharing of Corporate Limit streets included with Zone 5 Street Rehabilitation Projects. ORIGINATING DEPARTMENT: PUBLIC WORKS Background: On March 19, 2001, City Council authorized staff to proceed with the Street Rehabilitation Projects in Zone 5. Part of the project involves work on the corporate limits with the City of Hilltop on 45th Avenue and Momoe Street. The City Council ordered the improvements for these two streets in Zone 5, contingent upon approval of a Joint Powers Agreement with the City of Hilltop for cost sharing of the proposed work. Analysis/Conclusions: Attached is a Joint Powers Agreement (JPA) that defines the work and estimated costs of the street rehabilitation work. The JPA provides that 100 percent of the "construction costs" of the work will be paid by Hilltop for work conducted with'm their corporate limits. It fiather adds that Hilltop will reimburse the City of Columbia Heights for engineering costs, up to 20 percent of the construction costs. Cost estimates based upon the Engineers Estimate are provided in the JPA. The JPA stipulates that actual construction costs based upon the bids received by the City of Columbia Heights will be the basis for fmal costs to Hilltop. The Engineer's Estimate for costs to Hilltop, including 20 percent engineering services, is $50,168. The JPA also requires that the City of Hilltop be named as an additional insured for work done in conjunction with Monroe Street and 45th Avenue. The bidding documents have been modified by staff to include this provision. The City of Hilltop has approved the attached JPA. Recommended Motion: Move to approve a Joint Powers Agreement with the City of Hilltop for cost sharing of Corporate Limit streets included with Zone 5 Street Rehabilitation Work; and, authorize the Mayor and City Manager to enter into an agreement for the same. rd~..jb Attachment: Joint Powers Agreement COUNCIL ACTION: JOINT POWERS AGREEMENT TO MILL AND OVERLAY MONROE STREET, 46¼ AVENUE TO 48TM AVENUE, AND 45TM AVENUE, MONROE STREET TO CENTRAL AVENUE, AND TO SEAL COAT MONROE STREET, 45TM AVENUE TO 46TM AVENUE WITHIN THE CITIES OF HILLTOP AND COLUMBIA HEIGHTS This Agreement, made and entered into this day of ,2001 by and between the City of Hilltop, a body politic incorporated under the laws of State of Minnesota, herein after referred to as "Hilltop" and the City of Columbia Heights, a body politic incorporated under the laws of the State of Minnesota, hereinafter referred to as "Columbia Heights". WITNESSETH: WHEREAS, it is considered mutually desirable to jointly mill and ove~ay the corporate limit streets of Monroe Street, from 46 ~ Avenue to 48th Avenue and 45th Avenue, from Monroe Street to Central Avenue; and WHEREAS, it is considered mutually desirable to jointly and seal coat the corporate limit street of Monroe Street, from 45th Avenue to 46th Avenue; and WHEREAS, both parties have expressed willingness to participate in the equipment, labor, and material cost required to accomplish the construction; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statute 471.59. NOW, THEREFORE, it is hereby agreed: The Cities have jointed together for the purpose of mill and overlay and seal coating of certain streets. Columbia Heights shall provide all engineering services and shall cause the construction of Columbia Heights City Project No. 0101 (Seal coat) and No. 0102 (Street Rehabilitation) in conformance with said specifications. The letting of bids and the acceptance of all bid proposals shall be done by Columbia Heights, unless otherwise stipulated by joint resolution. The contract costs of the work, or if the work is not contracted, the cost of all labor, engineering, materials, and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs which will be incurred for this project. Hilltop shall pay 100% of concrete curb and gutter repair, street patching, mill and overlay and other related construction items for their respective area. The estimated cost for each street is shown below with detailed costs displayed on the attached sheet. Monroe Street: $17,109 45th Avenue: $23,409 Joint Powers Agreement Hilltop/Columbia Heights Page 2 Hilltop shall pay 100% of concrete curb and gutter repair, street patching, and seal coating their'respective area. The square yardage and estimated costs are shown below: Monroe Street: 682 SY @ $1.89 / SY totals $1,289 Hilltop shall pay Columbia Heights the actual cost for engineering services provided; however, that said amount shall not exceed 20% of Hilltop's share of the construction cost, or $8,361. 4. Hilltop's estimated cost for the project is $50,168. Upon final acceptance and approval of the mill and overlay and seal coating, Hilltop shall pay Columbia Heights the actual construction cost according to contract notwithstanding the estimates herein. Hilltop and Columbia Heights mutually agree to indenmify and hold hannless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officer, agents, or employees relating to activities conducted by either party under this Agreement. Hilltop will be named as an additional insured for work done in conjunction with Monroe Street, 45th Avenue to 46th Avenue and 46~ Avenue to 48tn Avenue and 45th Avenue, Monroe Street to Central Avenue. It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. CITY F HILLTOP Mayor ,,.2 City Administrator CITY OF COLUMBIA HEIGHTS APPROVED AS TO FORM Mayor City Attorney City Manager CITY COUNCIL LETTER Meeting of: 5/14/01 AGENDA SECTION: CONSENT AGENDA ITEM: 1. ACCEPT THE ENGINEERING REPORTS (2) FOR THE 3900 BLOCK OF VAN BUREN AND 4OTH AVENUE AND MCKINLEY INTERSECTIONS. 2. AUTHORIZE THE PREPARATION OF PLANS & SPECS FOR STORMWATER PIPING REPLACEMENT ON 40TM AVENUE ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER Background: The City has gone through a lengthy process of addressing surface water problems throughout Columbia Heights, mainly as a result of the storm events (3) in July of 1997. The work involved a site review/interview analysis, preparation of engineering studies for selected sites, grant applications to the DNR under the Flood Mitigation Program, and construction of recommended improvements. Property acquisition at two residential sites is also underway for remedialion in 2001. On September 2, 2000, a rainfall event registered as over a 100-year event, occurred in Columbia Heights resulting in flooding of varying severity at localized areas in the City. The City Council ordered additional Engineering Studies with an examination of alternatives for the following sites: 3942 Van Buren Street NE - basement and alley flooding: The area around 3942 Van Bmen has apparently flooded several times in recent years, but was not brought to the City's attention in the past. I visited the homeowners after the September 2"d storm and wiutessed watermarks 48 inches high in their basement, which caused the replacement of the furnace and water heater. In addition, 4-5 garages in the alley way are subject to ~oocVmg as witnessed by watermarks 8-12 inches above the garage door(s). 40~h and McKinley intersection flooding, or the Prestemon Park area: Although 40th and McKinley was a previous study area with mitigation improvements to Prestemon Park, the extent of the property flooding and commentary received from the September 11th City Council meeting waxranted adthtional engineering review. The first would be to validate the function of the Prestemon Pond as designed and the second would be to look at other improvements, such as existing inlet and receiving pipe capacity in greater detail. Analysis/Conclusions: 3942 Van Buren Street NE: Attached is an engineering report for the 3900 Block of Van Buren. To understand what is happening during selected storm events, the upstream and downstream storm sewer systems were included in the computer model. The analysis indicates that pipe surcharging resulting in backflow and surface flow to existing low points is causing the flooding. Three alternatives are presented in the report to mitigate the flooding in this area: COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 5/14/01 AGENDA SECTION: CONSENT AGENDA NO: ITEM: 1. ACCEPT THE ENGINEERING REPORTS (2) FOR THE 3900 BLOCK OF VAN BUREN AND 4OTH AVENUE AND MCKINLEY INTERSECTIONS. 2. AUTHORIZE THE PREPARATION OF PLANS & SPECS FOR STORMWATER PIPING REPLACEMENT ON 40TM AVENUE ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hartsen DATE: 5/09/01 CITY MANAGER BY: DATE: l. Increase pipe sizing downstream. 2. Diversion pipe to Huset Park, with short-term ponding in the park. 3. Removal of flood prone structure(s). Altematives 2 and 3 are detailed with cost estimates on pages 4-9 of the report. Alternate 1 was dismissed because of little or no effect in lowering the high water levels. Both alternates 2 & 3 are costly, with estimates ranging from $220,000 to $365,000. Alternate 3 also adds piping replacement between alleys to replace a dilapidated 10 and 12 inch VCP/CMP pipe. As much as possible, major underground work or pipe replacements is recommended to occur concurrent with the City Street Rehabilitation Program for cost effectiveness and minimize disruptions. 40tb and McKinley: Attached is an engineering report for the 40th and McKinley Street area. The computer modeling considered the same drainage area as in the 1998 report and included a review of the effectiveness of the new pond in Prestemon Park. The 1998 primary recommendations to reduce peak flows were: · A pond in Prestemon Park · Reconstruction of a portion of McKinley Street with an overflow · Additional storm sewer to direct more surface ranoff to the pond · A speed bump on 40th Avenue at Cleveland to redirect surface flow away from McKinley and 40th. These recommendations except the "speed bump" on 40th Avenue at Cleveland Street have been completed as staff recommended to Council that new catch basins and piping directly to Prestemon Park would accomplish the same task, without a speed hump in a downhill direction on 40th Avenue. Piping would also pick up the surface flow from Cleveland north of 40th and the nonIt side of 40th. This work was recommended to be accomplished in 3 or 4 years when the Zone Street Rehabilitation work is performed in this area. The report also modeled data from the 2000 storm events (2); the July 1997 storms; as compared to the modeled or predicted effects of the pond design. These comparisons indicate that the pond does have verifiable effects at the intersection of 40'h and McKinley (pages 3-9, and tables 3 & 4). Other factors, such as pond outlet plugging or catch basin clogging can exacerbate die flooding at this intersection. Input from City Staff and area residents indicates two additional issues: COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 5/14/01 AGENDA SECTION: CONSENT AGENDA NO: ITEM: 1. ACCEPT THE ENGINEERING REPORTS (2) FOR THE 3900 BLOCK OF VAN BUREN AND 4OTH AVENUE AND MCKINLEY INTERSECTIONS. 2. AUTHORIZE THE PREPARATION OF PLANS & SPECS FOR STORMWATER PIPING REPLACEMENT ON 40TM AVENUE ORIGINATI]~G DEPARTMENT: PUBLIC WORKS BY: K. Hartsen DATE: 5/09/01 CITY MANAGER BY: DATE: · A large amount of runoff occurs from the Prestemon ballfield · Water has ponded and overflowed north in McKinley Street. These two conditions were input to the model to quantify theft effects for both the July 1997, and July and September 2000, storm events (pgs 8 & 9). Based on this analysis, short-term recommendations that would provide a minimum of 1.0 feet of freeboard from the low house are as follows: a) C~ntainba~e~drun~:Creati~n~fashal~wbermar~undthen~rthandeastareas~fthePrestem~nBa~eldw~uld contain surface water runoff on the inside, in the park. Drainage would be provided through small diameter piping at the low point to the existing drainage system in the park and in 39-1/2 Avenue. b) Pr~per~ydirectM~Kin~eyStreet~ver~~wt~theP~nd:Thehydrau~i~capacity~fthe~ver~~wswa~eneedstobe estabhshed and maintained. Regrading this portion of the swale and installing a concrete time immediately behind the curb can restore overflow capacity restored to design capacity. c) Direct flow into the pond from 39-1/2 Avenue: As recommended on page 11, a small bituminous hump will help direct street flow to the catch basin on the north side of 39-1/2 Avenue at the new catch basins. d) Provide manhole benthing: None of the manholes in this area currently have poured inverts with benches. This provides for flow direction through the manhole. City staff can do much of the work for recommendations a-c. The berm is part of a DNR Outdoor Recreation grant application for Prestemon Park to construct a walking trail around the north and east portion of the park. (see attached site plan drawing). Grant award notifications are expected by the end of June. The swale work can be excavated and restored by staff. The concrete portion should be done under the miscellaneous concrete project. Manhole inverts and benching will be completed by staff in next couple of weeks. Additional Recommendations: As indicated in the original 1998 Engineering Report and this update, additional storm sewer at the intersection of 40th and Cleveland is recommended to divert the area upland to the Prestemon Park pond. It was originally recommended and accepted by the Council to perform this work when this area is reviewed under the Street Rehabilitation Program, in 3-4 years. This continues to be staff's recommendation. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 5/14/01 AGENDA SECTION: CONSENT AGENDA NO: ITEM: 1. ACCEJ}T THE ENGINEERING REPORTS (2) FOR THE 3900 BLOCK OF VAN BUREN AND 40114 AVENUE AND MCKINLEY INTERSECTIONS. 2. AUTHORIZE THE PIt~PARATION OF PLANS & SPECS FOR STORMWATER PIPING I~PLACEMENT ON 40TM AVENUE ORIGINATING CITY MANAGER DEPARTMENT: PUBLIC WORKS BY: K. Hartsen BY: DATK: 5/09/01 DATE: There is a change of flow direction in the existing pipe system that is downsUemn of the 40c' and McKinley intersection, with two sixetches of aged CIVlP pipe, totally approximately 250 feet. Correc~ng both of these ~xisting conditions would lower 1he flood clevation signi~caa~y. It was originally recommended and accepted by the Council to perform this work when this area is reviexved under Og Street Rehabilitation Program, in 3-4 years. Staff ~ecosmnends making these improvements in 2001, considering the aged CMP pipe and com:cting a flow conditions that rams the water direction greater than 90 degrees. This improvement is caletdmed lo lower tlg 100-year storm at the intersection of 40m Avenue and McKinley by 0.70 feet. Recommended Motion(s): Move to accept the engineering reports (2) for 3942 Van BuRn and the intersection of 40~k Avenue and McKinley Slreet. Move to authorize City Staff to perform the shotl-tarm improvemcnls on 40.i and MeKinley identified as a-d, above. Move to authorize the preparation of plans and spccs for 40~ and MeKlnky for ~e replacement of 24 and 4g-inch storm sewer oR 40m Avenue, Almchmen~ E~neenn~ Repom r,H:jb COUNCIL ACTION: ~, Ro~ Anderlik & ~Associates Engineers & Architects FILE COPY FEASIBILITY STUDY FOR STORMWATER IMPROVEMENTS 3942 VAN BUREN STREET AND SURROUNDING AREA COLUMBIA HEIGHTS, MINNESOTA BRAA FILE NO. 332-00-103 April 30, 2001 This report presents the results of our stormwater improvements feasibility study for 3942 Van Buren Street NE and the surrounding area. Flooding from storms in July and September 2000 prompted the City to request the preparation of this report. This report begins with an introduction to the problem area, followed in sequence by the following sections: Analysis and Results, Alternatives, Cost Estimates, and the Recommended Alternative. A location-map and report figures are at the end of the report. Please note that elevations are in the city of Minneapolis datum, followed in parenthesis by the USGS datum. The USGS datum is obtained from the Minneapolis datum by adding 710.3 feet. 1. INTRODUCTION As stated above, flooding occurred in the 3900 block alley between Van Buren and Jackson Streets NE due to storm events in July and September 2000. These storms were characterized by short intense periods of precipitation. For the purposes of this engineering report, we analyzed the storm sewer system under the conditions of three rainfall events: · July 7, 2000 · September 2, 2000 · 100-year/24-hour During our visual inspection in September of 2000, the garage at 3942 Van Buren showed water staining approximately nine inches above the garage slab. Nine inches. above the garage slab translates to an approximate elevation of 207.4 (917.7) for the September 2, 2000 storm high water level (HWL). 2335 West Highway 36 · St. Paul, MN 55113 · 651-636-4600 · Fax: 651-636-1311 2. ANALYSIS AND RESULTS The pipe network upstream and downstream of the flood prone area was analyzed using XP-SWMM software. XP-SWMM modeling software simulates rainfall events and the flows and water levels these events generate in storm water systems and over the landscape. As-built utility plans, two-foot contour information, and site inspection provided the information used to construct the storm water model. Runoff from approximately 9 acres of predominantly residential land use converges at the catch basin in the 3900 block alley between Van Buren and Jackson Streets. This runoff reaches the alley catch basin via pipe flow, overland flow, or overflow from Van Buren Street, Storm water that reaches the alley catch basin travels east to Jackson Street through a 12-inch vitreous clay pipe. The model incorporates and organizes the various runoff inputs through the use of several distinct drainage areas, each entering the storm system at different a location. Figure 1 shows the drainage areas generated for this analysis as well as the pipe network under consideration. Data from the tipping bucket rain gauge at the public works facility was used to generate model inputs for the July 7, and the September 2, 2000 storm. The storm simulations used in this model consist of the following rainfall amounts: · The July 7,2000 storm event - 2.6 inches of rain in a 1 -hour period · The September 2, 2000 storm event - 3.5 inches in a 1.5 hour period · The 100-year storm event - 6 inches in a 24-hour period Table 2.1 summarizes the model results for these three events. Table 2.1 Storm Summary- Existing System Location Catch basin area mid 3900 block, 1 Van Buren Street Catch basin area mid 3900 block alley, 2 between Van Buren and Jackson Streets Catch basin area mid 3900 block, 3 Jackson Street Fig. 1 Label July 7, 2000 208.1 (918.4) 207.3 (917.6) 207.1 (917.4) Storm Event, Modeled HWLs (ft.) September 2, 2000 100 year, 24-hour 208.2 (918.5) 208.2 (918.5) 207.8 (918.1) 207.8 (918.1) 207.8 (918.1) 207.8 (918.1) 2 Model results from the September 2, 2000 simulation indicate a HWL of 207.8' (918.1') in the area of the Van Buren/Jackson Street alley catch basin, which compares reasonably well with the I~,WL estimated from water staining (207.8' modeled versus 207.4' anecdotal). The computer simulations indicate that the high water levels in this area derive from two sources: · Pipe surcharge · Overland flow (overflow) Pipe surcharge is the buildup of storm water in the pipe network such that upstream storm water is held back. In some cases of extreme surcharge, storm water can flow against pipe grade. Surcharge occurs in the downstream end of the 24-inch pipe that drains the Van Buren/Jackson St. alley (south of point 3, figure 1 ). This leads to periods of backflow when storm water moves from Jackson Street toward the alley - against pipe grade - via the 12-irich pipe that connects these areas (see figure 1). In addition to backflow due to surcharge, overland flow occurs toward the alley from Van Buren Street. These two forces combine to cause the flooding problem in the alley. 3. ALTERNATIVES Three alternatives to alleviate the alley-flooding problem were considered. One was to increase system capacity from the catch basin area in front of 3942 Van Buren Street (point 1, figure 1 ) downstream to the corner of 39th Avenue and Jackson Street by installing larger pipe. Our analysis showed this action would have very little effect. Model results indicate flow from the alley is limited more by system capacity on 39th Avenue than by local capacity. Construction of an diversion pipe from Jackson Street and the utilization of the east portion of Huset Park for temporary flood storage was shown to lower the HWL in the alley significantly (see figure 2). A constructed berm would create an impoundmerit in this part of the park that would temporarily store runoff. Water ponded in the park would slowly reenter the system via existing catch basins. This ponding area would remain dry between storms. Another alternative is the removal of the home at 3942 Van Buren and the creation of a detention pond for temporary flood storage at this location (see figure 3). This pond would remain dry between storm events, The ponded water would be released into the existing system at the catch basin in the alley behind 3942 Van Buren via an 8-inch pipe. Details of these two alternatives are presented below. 3.1 ALTERNATIVE 1: Pipe Overflow, Pondinq in Huset Park This alternative involves the reconstruction of storm sewer from Van Buren Street to Jackson street and construction of a diversion pipe to Huset Park from the existing storm sewer under Jackson Street. The diversion would only operate for intense rainfalls, thus avoiding frequent inundation of the park during the rainfall season. This is accomplished by placing the invert of the 42" pipe (heading west from Jackson Street) 15" above the invert of the existing 24" pipe that continues south on Jackson Street. In this manner small rainfalls follow the current route while intense rainfalls are diverted. Figure 2 shows this alternative in some detail. Construction of the detention area is accomplished by berming and should not require additional excavation. Table 3.1 summarizes the model results for this alternative. Table 3.1 Storm Summary: Alternative 1 - Pipe diversion, ponding in Huset Park Location Catch basin area mid 3900 block, 1 Van Buren Street Catch basin area mid 3900 block alley, between Van Buren 2 and Jackson Streets Catch basin area mid 3900 block, 3 Jackson Street Fig. 1 Label July 7, 2000 204.6 (914.9) 203.2 (913.5) 203.6 (913.3) Storm Event, Modeled HWLs (~.) September 2, 2000 100 year, 24-hour 207.9 (918.2) 207,9 (918.2) 206.4 (916.7) 206.2 (916.5) 206.2 (916.5) 205.9 (916.2) Note that a number of pipe sizes for the diversion were examined. In the case of the September 2, 2000 storm 36" and 30" pipes, in lieu of the 42" shown in figure 2, produced HWLs in the alley of 206.8' (917.1 ') and 207.1' (917.4') respectively. Additionally, it was found that increasing the size of the proposed storm sewer from Van Buren Street to Jackson Street from 18" and 30' as shown on figure 2, to 24" and 36" would further reduce the HWL at the catch basin area on Van Buren Street. A simulation based on the September 2, 2000 storm the larger pipe sizes produced a HWL of 216.8' (917.1 ') in this area. Under these conditions, HWLs in the alley, and on Jackson Street, remained the same as listed in table 3.1. 3.2 ALTERNATIVE 2: Pondinq at 3946 Van Buren This' alternative involves ~be removal of the home at 3942 Van Buren Street and the construction of on site flood storage as shown on figure 2. The intent of this alternative is not to alleviate flooding by providing flood storage; rather it is to remove homes with a history of flooding, The basin would be a dry basin and would connect via a 12-inch pipe outfitted with an orifice restriction and overflow manhole to the existing catch basin located in the alley behind 3942 Van Buren Street. As part of this alternative, we also recommend replacement of the existing pipe from the alley between Central Avenue and Van Buren Street to the alley between Van Buren Street and Jackson Street, as shown on figure 3, Table 3.2 summarizes the modeling results for this alternative. Table 3.2 Storm Summary: Alternative I - Ponding at 3942 Van Buren Location Catch basin area mid 3900 block, 1 Van Buren Street Catch basin area mid 3900 block alley, between Van Buren 2 and Jackson Streets Catch basin area mid 3900 block, 3 Jackson Street Fig, 1 Label July 7, 2000 208.1 (918.4) 207.2 (917.5) 207.1 (917.4) Storm Event, Modeled HWLs (ft.) September 2, 2000 100 year, 24-hour 208.2 (918.5) 208.2 (918.5) 207.7 (918.0) 207.7 (918.0) 207.8 (918.1) 207.7 (918.0) As shown in Table 3.2, this project does not significantly decrease high water levels, it simply removes one home from a flood prone area. A variation of this alternative involving the removal of homes at 3942 and 3946 Van Buren was also examined. The potential volume increase of the proposed pond made possible by the acquisition of the additional lot provides a slight additional reduction of the HWL in the area of the alley catch basin. Model results based on the September 2, 2000 storm indicate the HWL in the alley would fall approximately 0.4', to 207.3' (91 7.(~') with this configuration. 5 4. COST ESTIMATES Table 4.1 presents the cost estimate for Alternative 1 as described above and shown in figure 2. Indirect costs include design, inspection, administration, and fiscal costs. Note that costs for easement acquisition have not been included. No analysis of easement requirements, be it new or the adequacy of existing has been attempted in the context of this analysis. Table 4.1 Cost Estimate: Alternative 1 - Pipe diversion, ponding in Huset Park Item Unit Quantity Unit Price Cost Mobilization LS I 7500 $7,500 Traffic control LS 1 2500 $2,500 Clear and grub trees EA 12 175 $2,100 Remove and replace 5' chain link fence LF 300 30 $9,000 Remove concrete curb &gutter LF 360 4.00 $1,440 Remove catch basin and frame EA 8 300 $2,400 Remove manhole EA 1 400 $400 Remove 10-inch VCP LF 150 8.00 $1,200 Remove 12-inch VCP LF 520 8.00 $4,160 Remove 24-inch VCP LF 130 8.00 $1,040 Remove concrete sidewalk SF 684 2.00 $1,366 Remove concrete alley pavement SF 2160 3.00 $6,480 Saw cut and remove driveway slab. SF 603 3.00 $1,809 Full depth bituminous pavement reclamationSY 795 2.50 $1,968 Mill bituminous pavement SY 71 8.00 $566 Common excavation CY 650 8.00 $5,201 Common borrow for embankment CY 1100 10 $11,000 (berm in Huset Park) 12-inch RCP LF 120 27 $3,240 12-inch RCP* LF 150 41 $6,150 15-inch RCP LF 30 31 $930 18~inch RCP LF 150 34 $5,100 30~inch RCP LF 10 65 $650 30~inch RCP* LF 150 97 $14,550 42~inch RCP LF 280 80 $22,400 42-inch RCP* LF 300 120 $,S~,000 42-inch RCP flared end section 48-inch RCP 2' x 3' catch basin and gr&~e 48-inch dia. manhole and grate 54-inch dia. manhole and grate 66-inch dia. manhole and grate 84-inch dia. manhole 96-inch dia. manhole 4-inch PVC drain tile, schedule 40 Geotextile filter fabric Granular filter material Select granular borrow Aggregate base, Class V in place B618 concrete curb and gutter Bituminous base course Bituminous wear course 8-inch bituminous curb 6~inch concrete alley pavement 5~inch concrete driveway slab 4-inch concrete sidewalk Concrete steps, 2-3 risers Topsoil borrow Sod Tuff grass seeding and mulch Class 3 random riprap EA 1 2000 $2,000 LF 130 100 $13,000 EA 6 1800 $10,800 EA 2 2000 $4,000 EA 2 2100 $4,200 EA 2 2800 $5,600 EA 3 3600 $10,800 EA 1 4500 $4,500 LF 360 12 $4,320 SY 386 2.00 $773 CY 53 25 $1,330 TN 624 7.00 $4,367 TN 220 12 $2,644 LF 360 10 $3,600 TN 68 34 $2,312 TN 55 37 $2,031 LF 100 1.50 $150 SF 2160 9.00 $19,440 SF 603 8.00 $4,824 SF 684 6.00 $4,104 EA 2 200 $400 CY 629 8.00 $5,035 SY 1000 3.00 $3,000 AC 1 1200 $960 CY 38 100 $3,800 Subtotal $267,160 5% Contingencies Estimated Construction Cost $13,358 $280,518 25% Indirect Costs $70,130 TOAL ESTIMATED PROJECT COST $350,648 *Unit price 50% higher than standard to compensate for difficulty of instatlation due to minimal clearance 7 Table 4.2 presents a cost estimate for Alternative 2, the ponding alternative described prev!ously and shown in figure 3. Table 4,2 Cost Estimate: Alternative 2 - Pondin9 at 3942 Van Buren Street NE Item Unit Quantity Unit Price Cost Mobilization LS I 7500 $7,500 Traffic control LS 1 2500 $2,500 Purchase and removal of home LS 1 90000 $90,000 at 3942 Van Buren Street NE Relocation benefit LS 1 15000 $15,000 Common excavation and offsite disposal CY 420 9.00 $3,780 (pond) Common excavation CY 153.9 8.00 $1,231 Remove concrete curb &gutter LF 40 4.00 $180 Remove catch basin and frame EA 4 300 $1,200 Remove 1 O-inch VCP LF 150 8.00 $1,200 Remove 12-inch VCP LF 180 8.00 $1,440 Remove concrete sidewalk SF 426.6 2.00 $853 Remove concrete alley pavement SF 630 3.00 $1,890 Saw cut and remove driveway slab SF 360 3.00 $1,080 Full depth bituminous pavement reclamationSY 50 2.50 $125 Mill bituminous pavement SY 16.7 8.00 $134 12-inch RCP LF 140 27 $3,780 12-inch RCP* LF 240 41 $9,840 12-inch RCP flared end section LF 1 700 $700 2' x 3' catch basin and grate EA 1 1800 $1,800 48-inch dia. manhole and grate EA 3 2000 $6,000 4-inch PVC drain tile, schedule 40 LF 60 12 $720 Geotextile filter fabric SY 64.4 2.00 $129 Granular filter material CY 8.9 25 $222 Select granular borrow TN 100.9 7.00 $706 Aggregate base, Class V in place TN 26.25 12 $315 B618 concrete curb and gutter LF 40 10 $400 Bituminous base course TN 5.5 34 $187 Bituminous wear course TN 5.5 37 $204 8 6-inch concrete alley pavement 5-inch concrete driveway slab 4-inch concrete sidewalk', Concrete steps, 2-3 risers Topsoil borrow Seeding and mulching pond areas Sod SF 630 9.00 $5,670 SF 360 8.00 $2,880 SF 427 6.00 $2,560 EA 1 200 $200 CY 56 8.00 S445 AC 0.2 3000 S600 SY 500 3.00 $1,500 Subtotal $166,950 5% Contingencies $8,348 Estimated Construction Cost $175,298 25% Indirect Costs $43,825 TOAL ESTIMATED PROJECT COST $219,123 *Unit price 50% higher than standard to compensate for difficulty of installation due to minimal clearance Adding 3946 Van Buren Street NE to the detention basin requires removal of this home as well, Total estimated project costs increase to $364,800 under a two-lot scenario. 5. Recommended Alternative Based on cost we recommend the one lot option of alternative 2. Although alternative 1 provides slightly more benefit, both the cost and the disruption to local residents are greater. The actual difference in cost between the two alternatives may be even greater than indicated by the cost estimates. Due to the nature and scope of the alternatives, the costs associated with easement acq:dsition for alternative 1 will likely be significantly higher than that for alternative 2. Additionally, the home to be removed as proposed in alternative 2 will also have some salvage value. An alternative approach would involve removal of 3942 Van Buren Street NE and minimal storm sewer work and excavation to create a surge basin on the former location of this home. This modified approach would not replace existing pipe from this location east to the alley between Central Avenue and Van Buren Street, even though anecdotal evidence suggests that this pipe is not functioning properly and warrants replacing. This modified approach would not involve the pipe work, storm structures, and pavement replacement indicated for alternative 2 above. This modified approach has, 9 an estimated total project cost of $155,000, an approximately $70,000 savings over alternative 2. 10 I:]N U~ ~o~ ./ flBonestroo ~ Rosen· Anderlik & ~ Associates Engineers & Architects REPORT FOR HYDROLOGICfHYDRAULIC MODELING MCKINLEY STREET NE AND 40TM AVENUE NE COLU~IBIA HEIGHTS, MINNESOTA BONESTROO FILE NO. 332-00-104 April 30, 2001 This report summarizes hydrologic/hydraulic modeling for the McKinley Street NE and 40~" Avenue NE area in the City of Columbia Heights. The model incorporates elements that include the new pond within Prestemon Park and all drainage lributary to both the Park's pond and the storm sewer pipe under the McKinley and 40th intersection. The tributary' area also includes Hart Lake and its outlet, those portions of'the City of Minneapolis served by the 36-inch pipe under Stinson, commercial areas in Columbia Heights and St. Anthony lying adjacent to Stinson, and residential portions of Columbia Heights that generally lie west and south of the McKinley/40th intersection and are tributary to the intersection via storm sewer under 40th Avenue. Previous Analysis 1999 Feasibility Study This modeling effort considers the same drainage area and pipe nehvork as modeling conducted in 1998. The 1998 modeling led to the recommendations detailed in the feasibility report titled "Feasibility Study for Stormwater Improvements / McKinley Sweet NE and 409 Avenue NE.' 2335 ~Vest Highway 36 · St. Paul, MN 55113 · 651-63~..4600 · Fax: 651-636-1311 The City subsequently implemented aspects of that report's recommended alternative in its 1999 aorta water improvement project. The 1999 project included the following major elements: 1. Pond/wetland in Prestemon Park 2. Reconstruction of a portion of McKinley Sueel 3. Storm sewer to direct more runoff into the constructed pond The original project recommendation detailed in the feasibility study involved elements that were not implemented in the improvement project, including 4. Speed bump installation at 40'h Avenue N'E and Cleveland Sweet lIE Table 1 summarizes the r~sults of the modeling that accompanied the feasibility study. Table 1 Summary of Calculated High Water Levels: 1999 Feasibility Study Before Improvements After Improvements HWL - 40m & Low House Freeboard Rainfall Storm McKinley (in) (City datum) (City datum) (ft) July 1, 1997 3.6 237.6' 0.1 July 1, 1997 3.6 236.0' 237.7' 1.7 DO-year, 24-hour 6.0 236.0' 1.7 1999 Construction Project The intent of the speed bump (termed intersection modifications in the feasibility study) was to redirect all gutter flow that currently travels east down 40m Avenue NE. The report recommended that this gutter flow be redirected south down Cleveland Slxeet NE via the installation of a speed bump. Since 40m Avenue is a municipal state aid road and not sWictly a residential slreet, the City could not construct this speed bump. In lieu of the speed bump, the City decided that new storm sewer installed under 39th ~ Avenue NE would eventually be extended to the 40th and Cleveland intersection. This storm sewer, combined with new catch basins, would capture a portion of this gutter flow. It was also decided that his portion of the project would occur at some later date under a street reconslraction project. This change reduced the calculated effectiveness of the storm water improvement project over City of Columbia Heights McKinley Slreet NE and 40 Avenue NE what was outlined in the feasibility study. The catch basin and storm sewer option captures a potion of the street flow, but not as much as would have been redirected by the speed bump. Consequently, once the new storm sewer reaches 40th and Cleveland, it will still not be as 'effective as retorting gutter flow via the speed bump. The net result of eliminating element ~ is summarized in table 2. This result does not account for the effect of new catch basins and pipe at 40* and Cleveland, but does include project elements one through three. Table 2 Summary of Calculated High Water Levels: 1999 Project as Constructed HWL - 40m & Low House Freeboard Rainfall Storm McKinley (in) (City datum) (City datum) (f~) Before Improvements July 1, 1997 3.6 237.6' 0.1 July 1, 1997 3.6 236.6' 237.7' 1.0 After Improvements 100-year, 24-hour 6.0 236.6' 1.0 The project constructed in 1999 provided an estimated floodwater reduction of 1.0 feet for both the July 1, 1997 and 100-year rainfalls. Current Analysis Rainfall Events Figure 1 shows how the July 1, 1997 storm was entered into the storm water model. Figure 1 originates from rainfall data obtained from the City's tipping bucket rain gauge at the public works building. City of Columbia Heights 3 and 40 Avenue NE McKinley Slreet NE t~ 6.0 5.5 5.0 4.5 4.0 - 2.5-- 2.0 1.5 1.0 0.5: 0.0 0 25 50 Figure 1 July 1, 1997 Rainfall Rainfall 75 100 125 150 175 200 Time (minutes) For this event, the maximum rainfall intensity peaked at approximately 6 in/hr. Rainfall intensities may have differed at the intersection of McKinley Street NE and 40~ Avenue NE since this area lies approximately 1¼ miles from the gauge. The consreaction project was substantially complete by the fall of 1999. In the late sun'gner of the year 2000, additional intense rainfall events hit the area. The two most notable events occurred on July 8, 2000 (2.5 inches in one hour) and September 2, 2000 (3.5 inches in 1.5 hours). Figures 2 and 3 show time intensity curves for these events. City of Columbia Heights McKinley Street NE and 40t~ Avenue NE 5.0 Figure 2 July 8, 2000 Rainfall Rainfall 4.5 4.0 3.5 c 3.0 ;' 2.5 ._c 2.0 1.5 1.0 0.5 0.0 0 5 10 15 20 25 30 35 40 Time (minutes) 45 55 6O City of Columbia Heights 5 McKinley Sh'eet lIE and 40t~ Avenue NE Figure 3 September 4, 2000 Rainfall e & 6 5 Rainfall 0 ....................................... 0 10 20 30 40 50 ~0 ?0 B0 g0 Time (minu~es) Comparison o~S~rcs 1 ~ouSh 3 s~SScs~s ths~ the mos~ imense cvem was ~hs~ o~Septembcr 2, 2000, ~ollowcd b7 July 1, 1~? and ]ul~ 8, 2000. Bo~h the year 2000 rainfalls c~used ~oodin~ the McKinley and 40~ imersection. ~o.Sh more im~se in ~s peak imensi~, 2, 2000 cvcm did not ]c~d tu s~ce in~tio. d homes i, the imersection while ~he less imense July 1, l~ evem did. ~s su~esB some bcnc~ due to ~e flood mitiSatio. project. Noaethcless, ~e Fescncc o~ floodwater at or ne~ elevs~io.s realized prc~ously calls to qucs~io, whether addi~ion~] improvemores ~Sht pro~de ~ ~ood red~c~ion benefit tu To identify further flood mitigation measures, the City decided to augment the 1999 hydrologic/hydraulic study. City of Columbia Heights McKinley Street NE and 40" Avenue NE 6 Year 2000 Observations and Conclusions Anecdotal evidence obtained from residents living at the intersection suggest the following for the September, 2000 rainfall event: · A large amount of runoff originates at the ball field · Ponded water overflows north from the new McKinley Sueet NE low point Anecdotal evidence obtained from City public works staff suggests that the pond over flowed onto McKinley for this same September event. The hydrologic/hydraulie model created for the area does not show this same dyerflow for the September event. One possible explanation is that a partially clogged pond outlet may have been responsible for this overflow. The model does not account for this possible clogging. The original existing conditions and post-project models included a standard assumption that the ball field infiltrated water at a rate typical of turf grass. Anecdotal evidence available now but not obtained in our original discussions with the area's residents indicates that this is not the case and suggests that tight or compacted soils characterize this 2+ acre site. Runoff from the bali field can reach the 40~h Avenue NE and McKinley Street NE intersection unimpeded. The larger this runoff amount the more this runoff diminishes the benefit provided by the 1999 storm water improvements. The original model and the implementation of the feasibility study recommendations via the construction project had intended to eliminate flow from McKinley Street (north of 39th ~ Avenue NE) to the McKinley and 40~h intersection. Most of this flow originates from the commercial areas and high density housing that lie immediately south of the park, adjacent to McKinley Street. Intercepting this flow before it reached the intersection of McKinley Street and 40th Avenue was accomplished by reconstructing McKinley, creating a low point with catch basins, and directing potential overflow of these catch basins into the new pond. The following elevations were established to accomplish this: · 238.2' overflow to pond from McKinley catch basins · 239.0' overflow to McKinley and 40~h intersection from McKinley low point City of Columbia Heights 7 McKinley Sueet NE and 40 Avenue N'E Under the design assumptions, the swale from the McKinley catch basins to the pond carries all o'~'erflow for the design events (100-year rainfall and July 1, 1997) without allo~ving water to rise above the 239.0' elevation and thus spill out toward to the north. Our current analysis of swale ~eometry indicates this is not the case. Close to the pond, the swale is wide and deep and easily carries overflow from the design events. Near the overflow point the swale is broad and shallow and does not carry overflow at the capacity required for the design events. At the overflow to the pond, swale capacity is low enough to allow storm water to continue rising until the street overflow point is topped as well. At this point water heads to the McKinley and 40'h intersection. Revised Modeling Results In order to quantify the effect of ball field runoff and diminished swale capacity, we revised the original storm water models and obtained the results shown in table 3. Note that additional ball field runoff is a factor in l~oth the "Before Improvements" and "After Improvements" scenarios. This causes both the pre-project and post-project calculated high water levels to rise over those reported in table 1. Swale capacity is only applicable to the post project scenario. Table 3 Summary of Calculated IBVLs - Year 2000 Model Revisions 1997 and 100-year Storms Before Improvements After Improvements fB,VL - 40~ & Low House Freeboard Rainfall Storm McKinley (in) (City datum) (City dan.u'n) (fi) July 1, 1997 3.6 237.8' -0.1 100-year, 24-hour 6.0 237.9' 237.7' -0.2 July 1, 1997 3.6 237.4' 0.3 100-year, 24-houx 6.0 237.6' 0.1 We also analyzed the July 8 and September 2, 2000 storms for both the "Before Improvements" and "After Improvements" scenarios so that the net flood benefit of the project could be determined for these storms as well. Table 4 summarizes these results. City of Columbia Heights 8 McKinley S~eet NE and 40'~ Avenue hIE Table 4 Summary ~f Calculated H~VLs - Year 2000 Model Revisions Year 2000 Storms Before Improvements After Improvements HWL - 40m & Low House Freeboard Rainfall Storm McKinley (in) (City datum) (City datum) (fi) July 8, 2000 2.6 237.5' 0.2 September 4, 2000 3.5 238.0' 237.7' -0.3 July 8, 2000 2.6 237.0' 0.7 September 2, 2000 3.5 237.7' 0.0 Tables 3 and 4 indicate the. net project benefit has been to reduce calculated high water levels to elevations below the lowest house in the area. To some extent, anecdotal evidence reinforces these model results in that the July I, 1997 event caused surface inundation of the intersection's lowest home (and possibly others) while the more intense September 2, 2000 storm did not. Primary Recommendations Short Tertn Improvements The City can lower intersection high water levels by eliminating hall field runoff onto McKinley Street NE and by increasing swale capacity from the McKinley catch basins to the Prestemon Park pond. To contain hall field runoff, we recommend construction of a berm around the north and east sides of the ball field to an elevation of 240.0'. Since the City proposes a pedes~an pathway around the park periphery in this area, berm construction can become a pan of pathway construction. The proposed berm, at its deepest fill, will rise 2.5' above current grade. Average fill depth will total approximately one foot. Building a beun around the hall field will trap water inside. To prope~y drain the field, the City should install small diameter pipe and connected drains. This internal drainage system will connect to the storm sewer system that lies under the park. City of Columbia Heights 9 McKinley S~xeet NE and 40 Avenue IrE To increase swale capacity, we recommend minor grading to increase swale cross sectional area. This involves cutting the overflow elevation from 238.2' to 237.9', thereby making the overflow elevation flush with top of ~urb. We also recommend widening the overflow so that it is flush ~vith top of curb Over as wide an area as possible, both north and south of the catch basins. Downstream of the overflow, the swale should be cut approximately 0.5 feet, matching back into existing grade approximately 20 feet east of the 18-inch apron. It is highly recommended that a concrete flume installed over a portion of the swale. This will ensure long-term hydraulic capacity for the initial portion of the overflow. Table 5 summarizes the effect these two modifications have on the McKinley Street NE and 40~ Avenue NE intersection high water levels. Table 5 Summary of Calculated IBVLs - Year 2000 Model Revisions Ball Field and Swale Modifications Before Improvements After Improvements A~er Improvements with Ball Field Berm and Swale Deepening HWL - 40~ & Low House Freeboard Rainfall Storm McKL,'dey (in) (City datum) (City datum) (ft) July 1, 1997 3.6 237.8' -0.I lO0-year, 24-hour 6.0 237.9' -0.2 237.7' July 8, 2000 2.6 237.5' 0.2 September 4, 2000 3.5 238.0' -0.3 July 1, 1997 · 3.6 237.4' 0.3 lO0-year, 24-hour 6.0 237.6' 0.1 237.7' July 8, 2000 2.6 237.0' 0.7 September 4, 2000 3.5 237,7' 0.0 July 1, 1997 3.6 237,0' 0.7 lO0-year, 24-hour 6.0 237,3' 0.4 237.7' July 8, 2000 2.6 236.7' 1.0 September 4, 2000 3.5 237.3' 0.4 40t~ Avenue NE and Cleveland Street NE Improvements As mentioned above, flow across the intersection of 40e~ Avenue NE and Cleveland Street NE travels in large volume to the McKinley Street NE and 40~' Avenue intersection. Future storm sewer conslruction in the 40~ and Cleveland intersection will collect a portion of this water and City of Columbia Heights 10 ,. McKinley St:eetNE ant' 40 Avenue NE bring it to the Prestemon Park pond. Storm sewer on 396 V2 Avenue NE and the pond have been d~signed to accommodate this flow. Constructing this storm sewer benefits the McKinley and 406 intersection in the following manner: · July 1, 1997 "Before Improvements" HWL: · July 1, 1997 "After Improvements" HWL: · July 1, 1997 "Full Project Implementation" HWL: 237.8' 237.0' 236.7' Full implementation of the project, as described in the 1999 feasibility study and modified during construction (see discussion of element ~ above) reduces the HWL for the July 1, 1997 storm by 1.1 ', thus providing 1.0' of freeboard where no freeboard existed previously. Additional Recommendations 39'n ~ Avenue NE Catch Basins The elimination of street flow is the most feasible method of controlling flood levels at the McKinley Street NE and 40th Avenue NE intersection. Deepening the overflow swale from McKinley to the pond is one aspect of this. The original project design included high capacity catch basins on 39th ~ Avenue NE, one each for the north and south sides. During construction, two traditional catch basins were substituted for one of the high capacity installation.s. Our current analysis indicates that some flow may bypass these lower capacity catch basins. For this reason we recommend installation of a speed bump immediately east of the catch basins. This simple installation will significantly increase the amount of water that enters these catch basins. Since 39'h ~A is a short residential street, this installation will have little traffic impact. Pipe Realignment, Pipe Replacement, and Benching In our memo of February 25, 1999 we recommended benching of all storm sewer manholes under the McKinley Street NE and 40th Avenue NE intersection and, as possible, all manholes downstream of the intersection. Though not significant in comparison to other measures, this should provide some minor reduction in flood elevations. City of Columbia Heights 11 McKinley Sn'eet NE and 40 Avenue NE Our memo of February 1999 also included recommendations for realigning storm sewer under 406, Avenue. It was understood that this project would occur with reconstruction of that street. The attached figure shows this realignment as well as two stretches of CMP pipe that should be r~placed with this alignment project. Taken alone, replacing the 55-foot and 195-foot stretches of CMP with concrete or plastic pipe reduces the July 1, 1997 calculated HWL to 236.4' from the 236.7' reported for the fully implemented project. According to earlier calculations summarized in the February 1999 memo, realignment and benching could potentially reduce high water by another 0.4', thus reducing the calculated July 1, 1997 HWL to 236.0'. Other Iss,tes Prior to this renewed modeling effort, the question arose as to why the pipe at Silver Lake flows only partially full. The February 25, 1999 memo touched on this matter. The following is an excerpt from that memo. Our modeling verities this. The last 106 feet of the 48-inch pipe has a section at 6% grade. This is significantly higher than the 0.5% that the pipe averages upstream. Due to this sudden transition to steep grade, the water surface separates from the top of the pipe and the pipe flows only partially full. This excess capacity is only apparent in a short section of pipe and thus is not useful in mitigating upstream flooding without the construction of larger pipe upstream. This option was analyzed in various forms and rejected in preference of the less costly Prestemon Park option. At Stinson Avenue NE the 48-inch storm sewer that drains the McKinley Street NE and 40m Avenue NE intersection turns via two sets of long radius bends. Further downstream at Silver Lake a third turning occurs using long radius bends. The question has arisen as to the hydraulic losses evident in these bends and whether these losses can be mitigated in some manner. If the pipe were to point directly to Silver Lake from Stinson, all bends could be eliminated. We calculate that this could potentially reduce head loss 0.2'. A portion of this head loss reduction would likely extend as far as the intersection, reducing HWL there by something less than 0.2'. If straightening the pipe is not feasible and something like the current alignment must persist, then the preferred method of turning storm sewer is through the bends and not through manholes. City of Columbia Heights 12 McKinley Slxeet NE and 40 Avenue NE Summary" Table 6 summarizes the implementation sequence outlined in this report and the potential HWL reduction obtained for each step: Table 6 Implementation Sequence and Calculated McKinley Street NE and 40,a Avenue NE FI~VLs Item "Before Improvements" "After Improvements" Construct ball field berm, deepen swale, install speed bump New catch basins and storm sewer from 40th and Cleveland Realign and bench storm sewer under 40th and replace CMP pipes Timeframe Historic Currein July 1, 1997 Low Home Freeboard Rainfall HWL (Mpls. Datum) (Mpls. Datum) 237.8' -0.1 237.4' 0.3 Immediate 237.0' Upon street 236.7' reconstruction Upon street 236.0' reconstruction 6 The program outlined in tabl~/]~rings the flood benefit to feasibility study. 0.7 237.7' 1.0 1.7 the level intended in the original A concentrated program of refining the as-built storm improvement project by · Deepening an overflow swale, installation of a concrete flume · Berming around the Prestemon Park ball-field · Constructing a speed bump on 39* ~h Avenue NE combined with the elements of future street reconstruction · Storm sewer to 40th Avenue NE and Cleveland Street NE City of Cohmbia Heights 13 McKinley 31xeet NE and 404 Avenue NE · Realignment, replacement, and benching at McKinley Street NE and 40~h Avenue NE provides approximately 1.7 feet of freeboard to the intersection of McKinley and 40'h for the July '1, 1997 rainfall event. The high water level reduction for a 100-year, 24-hour event is approximately the same. City of Columbia Heights McKinley Street NE and 40~ Avenue C LE VEL.AI".,I D CITY COUNCIL LETTER Meeting of: 5/14/01 AGENDA SECTION: CONSENT NO: ITEM: APPROVAL OF RESOLUTION AUTHORIZiNG PUBLIC WORKS DIRECTOR TO APPLY FOR A DNR GRANT FOR STORM WATER MITIGATION IMPROVEMENTS ORIGINATiNG DEPARTMENT: PUBLIC WORKS BY: K. Hansen'~ DATE: 5/9/01, CITY MANAGER Background: At their May 7m work session, the City Council reviewed two additional Engineering Reports for Storm Water studies conducted at two locations - 3942 Van Buren Street and the intersection of40m Avenue and McK'mley Street. The Engineering Report for 3942 Van Buren recommends the removal of the home at 3942 Van Buren as the most feasible alternative. In 1999, the City applied for and was awarded grant money in excess of $300,000 from the MNDNR through their Flood Damage Reduction Grant Assistance Program. As part of that award, three residential properties were identified for removal as part of the flood mitigation process. Analysis/Conclusions: Similar to the grants in 1999, the attached resolution provides for the City to submit for grant funding and specifically names the Director of Public Works as the primary contact for the program. It is proposed to submit an application for the estimated home removal cost ors 115,000 as a partial funding source for the proposed improvements. The grant provides a 50/50 matching cost share for flood mitigation, with the City's share funded by the Storm Water Utility. Recommended Motion: Move to waive the reading of Resolution 2001-37, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2001~37authorizing the Public Works Director to apply for DNR Grant Assistance Program Funds for 3942 Van Buren Street and designating the Director of Public Works as the primary contact for the program. KH:jb Attachment: Resolution COUNCIL ACTION: RESOLUTION NO. 2001-37 BEING A RESOLUTION TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF NATURAL RESOURCES GRANT ASSISTANCE PROGRAM FOR FUNDS FOR STORM WATER RELATED IMPROVEMENTS AND DESIGNATE THE DIRECTOR OF PUBLIC WORKS AS THE CITY'S PRIMARY CONTACT WITH THE DNR BE IT RESOLVED that the Director of Public Works, hereinafter referred to as "Authorized Official" act as legal sponsor for the project contained in the Flood Damage Reduction grant Assistant Program Application submitted on May 14, 2001, and that Authorized Official is hereby authorized to apply to the Minnesota Department of Natural Resources, hereinafter referred to as 'lState", for funding of this project on behalf of the Applicant. BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate acquisition, maintenance and protection of the proposed project. BE IT FURTHER RESOLVED that the Applicant has not incurred any construction costs or has not entered into any written agreements to purchase property proposed by this project. BE IT FURTHER RESOLVED that the Applicant has not violated any Federal, State, or local laws pertaining to firand, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED THAT UPON APPROVAL OF THE APPLICATION BY THE State, the Authorized Official may enter into an Agreement with the State for the above- referenced project and that the Applicant certifies that it will comply with all applicable laws and regulations as stated in the contract agreement. NOW, THEREFORE, BE IT RESOLVED that the Director of Public Works is hereby authorized to execute such Agreements as are necessary to implement the project on behalf of the Applicant. Dated this 14th day of May, 2001 Offered by: Seconded by: Roll Call: CITY OF COLLrMBIA HEIGHTS By: Mayor, Gary Peterson Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: May 14, 2001 AGENDA SECTION: NO: ITEM: License Agenda N0: ORIGINATING DEPT.: License Department BY: Kathryn Pepin ~ DATE: May 4, 2001 CITY MANAGER APPROVkL DATE: BACKGROUNDIANALYSIS Attached is the business license agenda for the May 14, 2001 City Council meeting. The agenda consists mainly of applications for contractors licenses. Also included is an application for tobacco sales at 4921 Central Avenue which is a new use for that site, the former Cairo Grill. There is also an application for a tobacco license for the tobacco store at 2325 N.E 37e Place due to change in ownership. You will also note the annual license for the operation of a carnival in Huset Park in conjunction with the Lions Club Jamboree June 20-24, 200 I. In addition, applications have been submitted for the peddling of balloons and novelty items along the parade route on June 22 and one application for sales prior to the fireworks on June 23 in Huset Park. These are the same applicants that have been conducting the same sales for a number of years in conjunction with the Jamboree parade. 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 May 14, 2001 as presented. COUNCIL ACTION: TO CITY COUNCIL May 14, 2001 *Signed Waiver Form Accompanied Application 2001 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS LICENSED AT FEES BUILDING OFFICIAL *Airco Heating and Air Alliant Mechanical *lver H. Carlson & Sons*Coy's Masonry*Czars of Tar*Expert Sheet Metal*Housing PLus*Labor All Personnel Larson Plumbing *Lingen Construction*Axel H. Ohman, Inc.*Plumbing Service Center*Professional Ground Maintenance St. Paul Plumbing & Heating *David Stevens Co nstruction*Vollhaber Heating*Whitetail Heating & Cooling 4020 Central Ave. 3650 Kennebec Dr. 749 N. Shelling Ave. 3819 Tyler St. N.E. 5860 - 114t" PI. N. 30 West Main St. 3522 Penn Ave. N. 4056 Central Ave. N.E. 3095 - 162" Lane 2382 Hwy. 55 247 W. 61" St. 2201 - 107t" Lane N.E. 1515 Constance Blvd. N.E. 640 Grand Ave. 7760 Atherton Way 303 - 21" St. 29692 Pine Oak Ln. N.W. 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 TREE SERVICES PUBLIC WORKS DEPT. *Arp's Tree Service *Western Tree Service 17845 Hanson Blvd. 14907 TTT Rd. 50.00 50.00 CARNIIVAL POLICE, PUBLIC WORKS *Family Fun Shows Mankato, Mn. Huset Park for Jamboree June 20-24, 2001 250.00 TOBACCO/CIGARETTE SALES POLICE DEPT. *Adel Salem dlb/a Salem Tobacco, Inc. 2325 N.E. 37th Place 200.00 " *Taleb Wazwaz dlb/a My Tobacco Store 4921 Central Ave N.E. 200.00 APPROVED BY POLICE DEPT. license agenda PEDDLERS/SOLICITORS Gerald B. Johnson 1298 N.E. 52"d Ave. *Justin R. Truckenbrod *Eric Johnson Page 2 LICENSED AT along parade route June 22 in Huset Park before fireworks June 23 along parade route June 22 along parade route June 22 FEE~ 100.00 50.00 50.00 I~RC F:':[NANC:I:AL. ,SYSI'Iii:M 05/:L:1./2001 08:2.6:5:;:~ F'LJND ]:;~E~Z(Z;AP :: F:' LJ N DD E S C R :1: I:>T I ON 101 201 203 204 213 225 226 235 240 250 270 276 278 279 299 401 415 60:1. 602 603 604 609 653 701 720 880 881 GEI"IEF;~AL. CC)MMUN:!:'rY DI;~:VIE:I...OF:'MI~]N'T* I::UIqD F:'AI:;~KV:I:E:W VII.,.I...A NOF~TH E:COI4C)M:[C DE:VIEI_C)F:'MIE:NT AUTH PARKVIEW VIL. LA SC)UTI"I CABL,E 1'EL. EV I S I C)N SF:'EZCtAI.. F:'I:~OJECI' REVENUE F~E:IfrAI... HOIJSING L I BRARY COL I"IGHTS AF:'TER SCHOOL E:NI~I DARE F:'F~OJECT I...OCAL. L.AW EI'IF:'ORCE BL.K GRANT JUV!~]"III...IE: JL.tS'T'I[:;E: [:~I~ANT COI::'S~ SCHOOl... F:'AI:~TNEF~SHIF:' HOUS:I:NC~ & F~E]DE;VE:!...OF:' ~LJTH C~F:'ITAL.. IMF:'F~OVIEMI~[14TS CAF:'IT~L. IMF:'ROVEMENT - I::'IF;~ WATE]R U'T'I:{...ITY SE:WEF~ UTILITY F~EF'I.JSE F;LJND STORM SIEWE:I:;~ LJTII...:I:TY L I QLJOI:;: ST[:]RM SE~E;R [:;ONSTF~LJCT. F:'LJI~ID CENTRAL C']~R~GE: DATA F:'ROCESSING F:'EF~MIT SURCH~F(GE COI"ITF~IBUTI~[D F:'F~[:]JI~;[:ZT'S""REC [:X:]I~ITI:d:BLJTI~ED F:'F~OJE:CTS""[3EN I NSUF~NCE ESCF~[:]~ II'IVES'TMENT TRUST I::'LE~:X BE~:NEF:'IT' 'FF;~LJST F'UND 'T'O'TAL. ALL. F:'Ut'-II)S BANK F;,'ECAF:': BAN I< t, IAMEi BANK CHIECI(It,IC~i ACCOUI,IT 'T'CiI'AL. ALL.. BANKS C;heck I..!istc~ry D I ,'-i~BUF~,'-31Ei:Mlii:bt'T'S 65,989 .. 79 22:1... 46 28,145.. 54 2,365 .. 39 19,954.69 53.05 25,000 .. 00 :L , 791 ,, 99 12,627,,72 3,611.0.00 9 .. 00 3,486 ,, 00 36 .. 00 589 .. 57 919..44 100 .. 98 970 .. 00 3,831 ,. 93 2,251.24 98.44 378,70:1.. 30 640.65 i 9,008.66 1,226.45 5,436.49 320.00 3. 359.48 236,038.41 95,000.00 1 , 624.01 917,423..65 D :1: ,SBI. JF;~SE:ME: I,I'T' S 917,423 .. 65 917,423.65 ):.:.rRC FZI:I,IA!,ICIAI... ,SYSTIEM CITY (::IF:' COI...LJMBIA HEZ:IZGHTS 05/:!.:[/200:L 08 GI...540F~""V06..27 F'AGlii: Check History 5/:[4/0:1. COL.INCII.,. BANK VENDOF~ CHIE(:;K I,ILJMBliE:R AMOUNT BANK CHIEEZCI<II,IG ACCOUNT ANDERSON/DAGMER BI!E:I...I...BOY BAR SUF:'I::'L.Y BIEI_.I.,.BOY COF~:I::'OF;,'ATIOI,I B!,..OL,JE!;,"S/CAF;:OI_.E BOHAM/GAF;tY BF;:ADI...IEY F~IEA!... IES'rATIES :I:NC (::: !-.I I !... S 0 N/L.. [. J C I L. L. E CH:I:SAGO L. AI{ES D:I:STF;::I:BUTI COCA....CO[..A BOTTL, ING MIDdlE COI...UMB:I:~ HIE:I:GHTS :1: IEAGL. E W:I:NI~E: COMF'ANY EAST SIDE BIEVE:F~AGE CO GENU:I:NE F:'ARTS/I,I~I::'~ ~UTO G!:~:I:GGS..--COOF:'IER & CO HOME DI~f:I::'OT ~2802 JAROSZ/~I,II,IETTIE K :1: [. G A R D / K Y [.. E: KOF~SUNS KY/F'ETE MAHCO MIETI:~OC~I_.I_. - ATT MESSAGIN MURR~Y/AUDRIEY I,IOIRTHIEF~N A:I:I:R I::'IEPSI-COI..,A.--7 UF:' F:'ETTY C~SH .... MAIRY DUGDA!._ !::'F;:]:OI:~ WINE QL)AI,..ITY ~:[NE & SF':!:Fd[TS RE:L:I:ANT EI,IIERGY M:I:NNEGASC SMO I<A/ANDY SUBURBAN SOF:'TBA[..I,,. I._I~:~GUIE THOM~S/B :[L,I_. U ~E~ POS'F~[_ SERVICE: VE:R]:ZON ~:[RI~:L.ESS ~ Y C I< O F' F' / J U I... I E N N E XCI~:I... EIqERGY (N S F:') I'IOI:;tTHI~:AST STATE B~NK AI'I(:}i(~ COUNTY ATHLETIC OUTF'ITTIE:I:~S BE:[.,LBOY BAR SLIF:'F:'I.,,Y BIE:I.J,.BOY COF~:PORATION B R ~ I"'1 S O N /I.., U C :1: i... I... E CHISAGO I...~KES D]:STRIBUTI COCA""COI.,.A BOTTL.:I:I"IG M:I:DWE: CURTIS :1. OOO DIECHE :1: NIE/GEI~L,D :1: D I IETZ/VAI... E:AST ~:[DE BEVI~:RA[')E: CO F:AI... I</MAR I ON 9 :!. 900 91 ,. 82 9:!.90:!. 279., 95 9:1.902 4,456 ,, 40 9:1. 903 44., 58 91904 50 ,, 90 9:1.905 J. :1, , 344., 47 91906 35.00 91. 907 :[ ~ 30 :L ,, 50 9 :[ 908 430.42 9:1.909 4,47 :[ .. 67 91910 I ~ 078 .. 05 9:1.9:1.:1. 3,334,.95 91912 85 .. 57 9:1.9:1.3 22,555..36 91914 171 9:1. 9:1. 5 380 .. 00 9:[9:1.6 191.20 9:1.9:!.7 235 .. 77 919 :[ 8 65 .. 00 9:1.9:1.9 99 ,, 05 9:1. 920 200 .. 00 9:1.92:1. 290., 29 91922 119 .. 00 91923 :[ 55 .. 06 9:[924 :[, 365., 57 9:!.925 337 ,. 78 9:1.926 14,77:1. ,. 51 9:1, 927 :!. 8 .. 09 91928 380 .. 00 9 :i. 929 5Z:~ .. 30 91930 3,600., 00 9:1.93:L 67 .. 15 9:1. 932 24 .. 00 9:1. 933 760., 04 91934 95,000 .. 00 9:1.935 3 , 857., ():.:~ 91936 2,584.50 91937 287.44 9:1.938 :1.2,208 .. 56 91. 939 56.00 91940 I, 434 .. 05 9194:1. 42:1..,06 9:1.942 264.7:1, 9 J. 943 50 ,. 00 9:1.944 26.57 9:1.945 21,5:[2.. :1.:1. 91946 86 .. 00 BRC, F:':I:I"IANC]:AL, SY,S'Flii:M (:;ITY OF: CC)[..IjMBIA I-IE:IGHT,~:'j 05/11/200:[ 08 GI...540F;,'-V06.,27 F:'AGE 2 C::l"~ecl< H:i. story 5/:1.4/()1 COUI,IC:I:I... BANI< VI~iZNDOF;: C;F-IIECK NUMBli~:I=~ AMOUI'.IT BANI< CHE:CK:I:NC') ACCC}UNT F:UF;,'I...ONG/DOF;~C}"FHY Glii:NLJ]:I"IE: I='AF~TS/!qAF:'A AUTO GF;:IGC'~S""C::C)C}F:'tEF;.~ & CO I"I~NSE:I'I/KIEV ]: N !--IC}HENSTI~:INS INC I"IC}WE YMC~/EMMA B HLJSS/JEAI'I IKC}N OFF:ECE: SOL. UT:I:ON JI~:N%EN/I:;: I TA jOHI'ISC}Iq BROS.. LIQUOR CO,, JOHNSON F'~F:'I~:F~ & StJPPI,,.Y C 301"II'ISC}N/THC)MAS M K C)R ]" S / S T E: V E: N I<LIE:THI~E:I~ DIST. CC). MARK V:I: :1: DIST ,. MAF~ KS TC) W I NG MCGHEE""FETZE:F;:/JAN ICE: M :1: [.. L E: R /L E S L :1: IE MII'INESCY'FA YOUTH ATHL. E:TIC NEEDHAM D:I:STF~:I:BUT]:NG CO NOR"FH STAR ICE F:'ALJST:I:S & SONS F:'E:F:'S:I:""CC}L.A-"7 H~:'TTY CASH .... CINDI WIL.L.F:' PE:TTY CASH .... GAF;ZY BRAATIE F:'ETTY CASH .... JC)AI'IIqE: BAKIE F:'!ETTY CASH .... KAF;:E:N MC)E:L.I_. H"IIL. L..:I:F'S W:I:NE & SF':ER:[TS H:~IC)R WINIE QUALITY W:I:NE & SPIRITS F;tATHBUN/NAI'ICY SADL. O/JAN ICE S C A L :1: A / P E T E: I:~ STE:[CHE:IqS SA!...I~:S INC U S F:'OSTAL SEF~VICE: VAUGHN/STEVE:I"I W :1: L. L. P R E: C I"1T / C :1: N D I W:I:NIE I~EI:~CI'~ANTS W(:}R[..t) CI...ASS W:[I~iI~: AF:'F:'INITY F:'I..US F:'IEDERAI... (]F~ F:':I:RST CC)MMLII'IITY CI:;~I~:DIT U HIEAL. TH F:'AF~TIq!EI:~S :ECMA FkET:[F~tEME:NT TI:~UST 45 JIEF:'F:'IEI~SOI~I F:'tl...OT MI'I C::HIL.I) SUF:'F'ORT F:'AYMIEN'r OF~CHAF<D 'rF~UST COMF:'ANY OSI EDUCATION SE:RVICE:S I 91947 56 ,, 00 9 :L 948 54 .. 8 :[ 91949 2,588., 46 91.950 40 .. 36 9:1.951 6, :[96.45 9:[952 :1., :1.69,.40 9:[953 25.00 9:1.954 :1.44 .. 25 9:!.955 50 ,, 00 91956 5,580 .. 72 91957 513 .. 24 9:1. 958 198.28 9:[959 12.54 9:L960 25, :1.48.75 9196:[ :[0,402.38 9:t962 :[0,,65 91963 I, 200., 00 9:1.964 272., :1.2 9:L965 620 .. 00 9:1.966 238,.45 91967 246 ,, 60 91968 267 ,, 34 91969 479 ,. 81 91970 11.99 91971 :[00 ,, :1.9 91.972 97.99 9:1.973 84., 09 9:1.974 3,219 ,. 53 9:1.975 :L, 408., 7:1. 9:!.976 :1.0,856 ,. 92 91977 41 ,. 00 9:1.978 2:!. 5. :[7 91979 25.00 9~.980 906 ,, 07 9:1. 981 :[ 25.00 9:1. 982 27.00 91983 110.08 91984 820.89 91985 124 .. 00 91986 584.77 9:1. 987 2,030.00 9:1. 988 42, ~'2:; :1. 6., 63 91989 1:1., 227 ,, 73 9:L990 627 ,, 0:1. 9199:[ 829 ,. 76 9:1.992 6,605 ,. 38 9 :[ 993 105.00 BI:~C F: I I',IAI:IC I AL SYSTEEM C I TY OF' COLUMB l A HIE I GHTS 3 '~: /'1 '1/2r~r~ 1 08 GL. 540F:~..-.V06 .. 27 F:'AGE] 3 Checl< Histor'y 5/:1.4/0:1. COUI,IC:I:I... BAN K VEiND[]F~ CHEC:K NLIMBEF~ AMOLJNT BANK [;HE]Z;KING ACC[)UN'T' F:' E R A F:'UBI...IC MANAGEF~:S ASSOCIAT UNZIi(i)N 320 UN:!:'T]ii:D WAY VAN'T'AGEI::'CEI:NT 'T'F~ANSFER .... WE!...LS F:~F~:GO .... F:'~YROLL AC W:I: I)E!::'AF~'TMEIfT []F REVENUE: AID E:LECTF~IC SEEF~V:I:(]E: ANDF~ES/JIEAN ANOKA COUNTY 'T'F~EASURER BI~ECKETT/JASON BE]..A...B(3Y BAR SUF'F:'LY BEL.LB[]Y CORPORA'T'ION BLJF~I(E/DONALD [X]CA-COI...A BOTTLING MIDWE] CONVERGENT COMMUNICATIOI',I EAGLE WII~IE COMF'ANY EAST' SIDE BEVE:RAGE CO I~:I...ECTION SYS'T'E]MS & SOFTW GIENUINE PARTS/I~!APA AUTO [~F;~IG[')S""C[]OF'I~ER & HAB JOFINS[]N BROS. L. IQLJ[)F~ KENNIEDY & GI:~AVIEI~I MACTA MARK VII DIST. MINNEAP[]LIS AQUATI~]qNIAI... MINNIEZSOTA COACHES H"II!.J...IF:'S WII'IE & SF:'IF~ITS QUALITY WINI~Z & SF:'II:~ITS QWE~ZST [X]MMLJNICATI[]I'IS QWIEZST DIEX RIE~ZL. IAt'FT' ENEF~GY MINNEZGASC !:~ODDY/W I i,..I... I AM S'T'EXECHE]"IS SAL,ES INC SUF:'ER/JOHN THOMAS/B I L,L UNIVIE]:~SITY OF:' MINI'IESOTA VE;RIZON WIRIE!_E;SS V :[ SA V(:)SS L.:!:GHT]:I~IG XCEI... IENIEI:~GY (N S F:') A M BEST C[)MF:'AI~IY ACIE I-tAF~DWAF~E ~:I:D ELE:CTF~IC SI~EI:~V:I:CE :I:NC AI...I...SAINTS BF~ND DISTF~:I:B AMER I PR I DE 9:1.994 25,115 .. 03 9:1.995 40 .. 00 91996 968 .. 51 91997 35.00 9:1. 998 200.00 91999 140,308 .. 46 92000 :1. 19., 20 9200:!. 29:1... 65 92002 41 .. 84 92003 33,054.95 92004 12.35 92005 444.9:1. 92006 7,176.85 92007 :1.3:1.. 81 92008 487.80 92009 28.46 92010 197.60 92011 3,726.60 92012 652.87 92013 39.21 92014 8,349.58 920 :L 5 5,000.00 92016 12,688.33 920:1. 7 :L 00.00 920 :~. 8 35.00 91~():1.9 9 .. 10 92020 600.00 92021 684 .. 00 92022 9,242., 04 92023 I, 180., 61 92024 499,97 92025 1:1. 5 ,. 60 92026 212.4:1. 92027 355 ,. 67 92028 2,851,99 92029 77.39 92030 25. :1.2 9203:1. 50.00 92032 98.02 92033 2,318 .. 53 92034 45.09 92035 50.28 92036 I, 361 .. 90 9~()37 387.93 92038 3,806.00 92039 327.20 92040 :1. 36.41 BF~(] F:'INANCIAL SYSTIEM I[]ITY OF:' CC)I...LJMBIA I"IEIGH'T'S 05/:t. 1/2.001 08 Check i.-lis'b:~r'y GI...540F~'-.'V06.27 PAGE 4 5/14/01 [X]UNCIL.. BAN K VE]qI)[~F;~ CHIE;[2K NUMBER AMC)UNT BANK CHECKING AC[X]LJI,IT ANAC~[)MF:' , :1: NC ANC)I<A COU!qTY .... GOV'T CEN AN[)KA COUIqTY I...:I:BRARY ANOKA COUNTY M(]T(]R VEHIC AN[}I<A POL. IC~IE DE:PAF(fME:NT AR:I:IES :I:NDUSTF~:EES :I:NC ASF:'E:N M I L..LS, :1: IqC. BAI<ER & "f'AYLC]R F~AKIER & TAYL..(]F~ CONT., SER BAKER & 'TAYL[)F~ E:NTERTA:EN BATTERY C:I:TY :EN(] BE:AC::CIN BALL. F:':EEL.DS B :1: H= ' S, :E NC. B:I:TLIM:!:hlOLJS F~[~ADWAYS, INC BLLJE: F~:I:BBC)N CHE:M-DRY BLUEME:L.S TF~IEE SE:F;:V:!:CE BC)C)K WHOL..ESAI...I~[RS INC BO[:IKMEN :I:I',IC/THE BF;i~I) ART BUIL.D:ENG F:'ASTE:NE:RS BUF~EALJ OF (::R:[M:[NAL. APPR BLJF~E~:AU [)F CRIMINAL AF:'F:'F;:IE BUS:I:NESS COMMUNICAT:[ONS C E SUI',IDBERG CC)MF'ANY CADD/ENC~:[NEE:Fd:NG SUF:'F:'LY CAMI)EN F:'ET HC)SF:':I:TAL C:AF;:F:':[O/WILSON CENTEF~ FOR E:NE:RGY/IENV:I:F~[) CENTRAL. S'FOF~IES CH:ESAGO L.AKE:S DISTR:I:BUT:I: C:[TY W]:DIE LOCKSMITH:[IqG CLARI< F'OC)DSERVICE INC COCA""COLA BOTTL..:[NG MIDWE COL.L.ECTOR BOCIKS COLL :l: IqS/JEF~I~[MY COLLJMB:I:A HE::EGHTS F~E:NTAI... CC)NNEL. LY :[NDUSTF~IAI... IEI..EC CONTINENTAL. RESEAI:~CH C[)I:~ CC)NT:I:NENTAL SAF:'ETY IEQLJ:I:I::' I)AN!<A DAIqKA OF:'F:'F:':[CIE II~AG:ENG CO DANKO EMEF~GE:NCY IEQUIPMEN DAV:I:ES-IqC~F~THEF~N WATEF~ WK DCI INDUSTF;:II~:S L. TD I)C:[ MAF~KET:ENG I)I~EHN O:EL 9204:1. 507 ,. 99 92042 733 ,. 45 92043 I, 229 .. 51 92044 3,257 .. 50 92045 345 .. 00 92046 84.00 92047 20., 00 92048 396.00 92049 2,146 .. 45 92050 90 .. 68 9205:1. 214., 43 92052 59.62 92053 885 .. 10 92054 511 .. 82 92055 973 .. 83 92056 69 .. 22 92057 4,088., 21 92058 642 .. 92 92059 69.71 92060 59 .. 16 92061 8.4:1. 92062 630 ,. 00 92063 360.00 92064 21. 48 .. 80 92065 15.43 92066 819 ,, 19 92067 774.00 92068 35 ,. 00 92069 25,000.00 92070 43 .. 13 92071 5,797.55 92072 29., 82 92073 342 .. 09 92074 921.90 92075 19 .. 91 92076 I , 133,, 57 92.077 39 .. 30 92078 82 :L. 20 92079 569..49 92080 1,170.00 92081 27 .. 00 92082 720 .. 66 92083 314 .. 50 92084 231 .. 57 92085 961., 56 92086 :330 .. 74 92087 12,200 ,, 12 BI;~(:: F:II'IANCIAL, SY,~irrlEM C:I:'[Y 01:: COI.,.UMB:[A I-.IIEI[~H'T'S 05/:L1/2001 08 Check H:i. story GL. 540F:,'.-.-V06 .. 27 PAGE: 5 5/:1.4/0:1. COUNC]:L, B A N i< V E: N I) [] I:L: CHECK NUMBE:R AMOLJN'I' BANK (::HE:CK:I:N(:') A[:COUN'T' I!!:AG!...!iE W:I:I,IE: C[)MPANY EA,ST ,SIDI~: BE:VliEF~AGE C(] EMP E:XECU TRAIN E:NTEF::H:~:IZSES E:XTRE:ME BEVIERAGE F:'~C'T'OF;:Y MOTOR F*AF(T'S :I:NC F:']:DELITY SIEERV:I:CES INC F'L.E:X COMF:'IEI,IS~T:I:ON, INC F:'OCtJS NE:~S!::'AI::'ERS G & K SEF~M:I:CE:S C~ALE: GROUF:'/'Y'HIEE GENUINE F:'AI:~TS/N~PA AUT[~ G:[I...BERT MECHAN]:[:~L. G:[I...I...tJI,IDENTEF~F:'F~:I:SE:S GLENWOOD IIqGI...E~O[H) GOODIN CO,, GOF:'HEF~ SIGN [::0. GOF:'HIEF~ S'r~TIE C)NI~E-C~I..I.. :I:N GOVIEE:RNME:NT F:']:Iq~NCE OF:'I::'IC GF~I[-X:~S-COOF:'I~F~ & CO GI:;:OI...IER PUBLISHII~IG CO,, I HACH COMF:'~NY HAPPEL, DB~ PI..ANSIGHT/JEI;Z I-.I~F~MOIq GI...ASS & GI...~ZING HARVEST F'AIIqT HEIGHTS I~EI..ECTF~IC INC.. I..IIE:IGHTS-N[)F~:THE~ST ~EI...D:I:I~I HOF:]::'EI~S COATINGS INC HOHIENSTE]:NS ]:NC HO I UR/NANCY I../OME DEPOT ~¢2802 HOUCHE:I,I BINDERY I...TD ]: KON OFF:'I[:E SOL. UTION :I:NDUSTR:I:AL. DOOR CO :I:NC ]:NI...AND 'T'F~UCKS PARTS CO :I:NTEGRATED L.OSS CONTROL IlfrERSTATIE DI~E:TROIT DIESE IPC H~:I:NTING 3 ]: !,IDI:;:~/I::'~TI:;: I C I A 30HNSON 9R(]S,, L.:I:QUOR CO. JOHNS[)N I::'APER & SUPF'L.Y C K M~RT KOT TS I C K/AN :1: 'T'~ KUE:THER DIST. CO. 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I NC 92:L82 558.98 92183 59 ,. 87 92184 35.00 92185 95 ,. 32 92186 184.44 92187 6.95 92188 112 ,, 82 <;'2189 :1. 01 ,, 02 92190 3:1. 8 ,, 90 92:1.9 :!. 200.00 92192 182 ,, 98 92193 :l. 75 ,. 00 92:1. 94 2,095 ,, 39 <;'2:1. 95 50 ,, 00 92196 65 .. 00 92197 500 ,, 00 92:1. 98 500 .. 00 92:1.99 20 ,, 4:1. 92200 240 .. 00 9220:1. 499.5:1. 92202 :1. 86.08 92203 :1. 42 ,, 40 92204 720 .. 64 92205 8., 00 92206 9.00 92207 :1.06 .. 50 92208 324 .. 16 92209 :!. , 058 ,. 83 92210 14 .. 44 922:1. :1. 72 ,, 42 922:1. 2 :L 04 ,, 32 922:1.3 ~35 .. 00 922:1.4 318 .. 95 92215 :1.6 ,, 00 92216 35 ,, 51 922:1. 7 960 ,, 00 92218 :1. 20 ,, 90 922:1.9 :L 58 ,, 26 92220 127 ,. 64 9222:[ 125,,00 92222 150.00 92223 250., 00 92224 266.25 92225 477.25 92226 :1.25.32 92227 98 ,, 21 92228 I ~ 554., 69 9:1.7~,423,,65 *** PROCLAMATION IIq-IEREAS, the ConFess and President of the United States have designated May 15 as Peace Officers' Memorial Day, and the week in which May 15 falls as National Police week; and WHEREAS, the members of the law enforcement agency of Columbia Heights play an essential role in safeguarding the rights and fxeedoms of Columbia Heights and Hilltop; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enfomement agency, and that members of our law enfomement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of the law enforcement agency of Columbia Heights unceasingly provide a vital public service; Now, therefore, I, Gary Peterson, Mayor of Columbia Heights, call upon all citizens of Columbia Heights and upon all patriotic, civic, and educational organizations to observe the week of May 13-19, 2001, as Police Week in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities, and in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. I further call upon all citizens of Columbia Heights to observe May 15, 2001, as Peace Officers' Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. In witness thereof, I have hereunto set my hand and caused the Seal of the City of Columbia Heights to be affixed. Gary Peterson, Mayor City of Columbia Heights Date COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of.' May 14, 2001 AGENDA SECTION: NO: ITEM: Establishment ofa Heritage Preservation Commission NO: ORIGINATING DEPARTMENT: City Manager BY: Walt Fehst DATE: May 8, 2001 CITY MANAGER' S DAB~E:R~/~)7 Starting in April, 2000, information about historic preservation programs in the State of Minnesota was gathered for the City Council to review. Inquiries were made to the Anoka County Historical Society, the National Park Service (National Historic Register), the Minnesota Historical Society, Mary Capra (City of Centerville), and Ned Stofia (City of Coon Rapids). Copies of ordinances from cities in Minnesota with Heritage Preservation Commissions were gathered for examination. These documents were distributed to the Mayor and City Council and discussed at a a work session on June 6, 2000. Following that meeting, the City Attorney drafted a proposed Heritage Preservation Ordinance for Columbia Heights. The first draft of the proposed Ordinance was reviewed with the City Manager, Assistant to the City Manager (in charge of re-codification of the City Code), Councilmember Wyckoff, and the Library Director (in charge of research) at a meeting on September 13, 2000. Many changes were discussed and additional drafts were produced and reviewed. A consensus draft was presented to the City Council for review at their work session of May 7, 2001. The attached draft incorporates the following based on discussions at the work session: 1. Section 3.314, Subd. D: "Such an ordinance shall require a four-fifths vote of all members of the City Council to be effective." (changed from "two-thirds") 2. Commission established to be advisory to City Council. 3. Commission major goal to preserve information about properties (e.g. photos, documents). 4. Section 3.313, Subd. A: "Any member appointed to serve on the Commission shall be a resident or real property owner in Columbia Heights" (insert underlined). At the City Council work session of May 7, 2001, the Council requested that the Ordinance be considered for the first reading at the City Council meeting of May 14, 2001. MOTION: Move to waive the reading of Ordinance No. 1429, there being ample copies available to the public. MOTION: Move to establish Tuesday, May 29, 2001, at approximately 7:00 p.m. as the second reading of Ordinance #1429, Establishment of a Heritage Preservation Commission. COUNCIL ACTION: ORDINANCE NO. AN ORDINANCE OF THE CITY OF COLUMBIA HEIGHTS AMENDING ARTICLE 3, SECTION 3.311 OF THE COLUMBIA HEIGHTS CITY CODE ESTABLISHiNG A HERITAGE PRESERVATION COMMISSION SECTION 1. Columbia Heights Ordinance Code Article 3, Section 3.311 et seq. is hereby repealed in its entirety. SECTION 2. Columbia Heights Ordinance Code Article 3, Section 3.311 is hereby amended by the addition of the following sections: Section 3.311. Declaration of Public Policy and Pumose. The Council of the City of Columbia Heights hereby declares as a matter of public policy that the preservation, protection, perpetuation, promotion and use of areas, places, buildings, structures, lands, districts and other objects having a special historical, community or aesthetic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the community. To this end, the Heritage Preservation Conunission is created. The purposes of having this commission are to: 1. Safeguard the heritage of the City of Columbia Heights by preserving properties which reflect elements of the City's cultural, social, economic, political, visual or architectural history; 2. Protect and enhance the City of Columbia Heights' appeal and attraction to residents, visitors and tourists; 3. Enhance the visual and aesthetic character, diversity and interest of the City of Columbia Heights; 4. Foster civic pride and beauty and notable accomplishments of the past; and 5. Promote the preservation and continued use of historic properties for the education and general welfare of the people of the City of Columbia Heights; and 6. Create an archive by preserving and collecting photos and documents. Section 3.312. Definitions. As used herein, "Heritage Preservation Site" shall mean any area, place, building, structure, land, district, or other object which has been duly designated as a Heritage Preservation Site pursuant to Section 3.314. Section 3.313. Heritage Preservation Commission Established. Subd. A. Members. There is hereby created and established a City of Columbia Heights Heritage Preservation Commission (hereinafter, the "Commission") which shall consist of nine (9) voting members to be appointed by the City Council. Any member appointed to serve on the Commission shall be a resident or current real property owner of Columbia Heights and shall have a demonstrated interest in or expertise in historic preservation. If available in the community and willing to serve, at least three (3) members on the Commission shall be preservation related professionals, including the professions of history, architecture, architectural history, archaeology, planning, real estate, design, building trades, landscape architecture, or law. One member of the Commission must be a designated representative of the Anoka County Historical Society, if available, pursuant to Minnesota Statute §471. 193, subd. 5. Subd. B. Tenn. The City Council shall initially appoint three (3) members to serve a term of one (1) year, three (3) members to serve a term of two (2) years, and three (3) members to serve a term of three (3) years. Terms of office shall expire on the last day of April in the year following their last full year of appointment. All subsequent appointments shall be for a term of three (3) years. Members may be reappointed for consecutive terms. In the event of a vacancy, the vacancy for the unexpired term shall be filled in the same manner as the appointment is made. Members shall serve without compensation and, if a successor has not been appointed by the end of their term, shall continue to hold office until their successors have been appointed. Subd. C. Organization. The Commission when formed shall elect from its members such officers as it may deem necessary. The Commission shall have the power to designate and appoint from its members various committees. The Commission shall make such bylaws as it may deem advisable and necessary for the conduct of its affairs and for the purpose of carrying out the intent of this ordinance which are not inconsistent with the laws of the City of Columbia Heights and the State of Minnesota. The Commission shall prepare an annual report by October 31 of each year as required in accordance with Minnesota Statute §471.193, Subd. 6 for submission to the Minnesota State Historic Preservation Office and shall file a copy with the City Manager for distribution to the City Council. Subd. D. Program Assistance. To accomplish the intent and purpose of this ordinance, the City of Columbia Heights shall provide the Commission with staff support to perform the duties prescribed under this ordinance. Section 3.314. Designation of Heritage Preservation Sites. Subd. A. Reports. The Commission shall ensure that an updated list of all areas, places, buildings, structures, lands, districts or other objects which have been designated as Heritage Preservation sites as well as an updated catalog of all known publications, articles, books, pamphlets, policies or other materials having a direct bearing on the Heritage Preservation Program for Columbia Heights are prepared, compiled, and made reasonably available by City Staff at City Hall. Items kept on each site: photos, plans and related documents. Subd. B. Criteria. All Heritage Preservation Sites shall meet the criteria provided in this subdivision. Its character, interest or value as part of the development, heritage, or cultural characteristics of the City of Columbia Heights, State of Minnesota, or the United States. 2 2. Its location as a site of a significant historic event. Its identification with a person or persons who significantly contributed to the culture and development of the City of Columbia Heights. Its embodiment of distinguishing characteristics of an architectural style, period, form or treatment. Its identification as work of an architectural or master builder whose individual work has influenced the development of the City of Columbia Heights. Its embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation. Its unique location, scale or other physical characteristic representing an established and familiar visual feature of a neighborhood, a district, the community, or the City of Columbia Heights. Subd. C. Proposed Program for Preservation. For each Heritage Preservation Site recommended by the City Council, a proposed program for rehabilitation and preservation may be created. Subd. D. Council Designation Hearings. The City Council, upon the request of the Commission, may, by ordinance, designate a Heritage Preservation Site. Such an ordinance shall require a four-fifths vote of all members of the City Council to be effective. Subd. E. Council Avnroval. The Commission shall make no application to the National Register, to the State of Minnesota or to Anoka County Historical Society for the designation of a historic property or district without the consent of the City Council. Subd. F. Identification Plaque. Those buildings or structures having been designated as Historic Preservation Sites by the City Council may be awarded a numbered plaque to be displayed on the exterior of the Site in full public view with the owner' s consent. The plaque is to remain the property of the City and shall be removed by request of the Commission should the Site be so altered as to destroy the historic integrity of the Site. Section 3.315. Additional Duties of the Commission. The Commission shall have the following duties in addition to those otherwise specified in this ordinance: The Commission shall work for the continuing education of the citizens of the City of Columbia Heights with respect to the civic and architectural heritage of the City. It shall keep current a public register of designated and proposed Heritage Preservation Sites along with the plans and programs that pertain to them. The Commission may recommend to the City the acceptance of gifts and contributions to be made to the City and to assist the City staff in the preparation of applications for grant funds to be made through the City for the purpose of heritage preservation. Offered by: Seconded by: Roll Call: Mayor Gary Peterson Patricia Muscovitz, Council Secretary First Reading: Second Reading: 96644_1 4 CITY COUNCIL LETTER Meeting of: May 14, 2001 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: '/- A ° 2 Community Development APPROV ITEM: Second Reading, Ordinance # 1428 BY: Tim Johnson n~y~ NO: Zoning and Development Ordinance DATE: May 8, 2001 : Issue Statement: This is a request for the City Council to consider adopting a Zoning a 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 I974, 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: The Z~ning and Deve~~pment Ordinance pr~p~sed has been rewritten with the c~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 was included in your prior packets for review. The City Council recently held two special work sessions in trying to address questions about the proposed Zoning and Development Ordinance. At these work sessions a number of issues were raised, and staff has tried to adequately address the issues that were presented. Recommendation: The planning and Zoning Commission recommended approval ofZoning and Development Ordinance # 1428 as the ordinance has been reviewed by the Planning and Zoning Commission of the City of Columbia Heights, has had a first reading at the City Council, 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 adopt Ordinance # 1428, Columbia Heights Zoning and Development Ordinance, being an ordinance amending Ordinance # 818 pertaining to Zoning and Development. Attachments.' Staff memo COUNCIL ACTION: Community Development To: City Council From: Tim Johnson Date: 5/9/01 Re: Zoning and Development Ordinance Regarding our most recent work session April 30, 2001, on the proposed Zoning and Development Ordinance, staff was asked to research and clarify several items discussed. From Page 3-8 there was a question on the definition of funeral home and why the definition specifically excluded crematoriums. I have researched this item and found that crematoriums are typically found in cemeteries. Essentially cities have the ability to allow for or zone out crematoriums. However, the underlying guidelines of the Minnesota Department of Health (MnDOH) would still apply to crematoriums. The proposed definition of funeral home excludes crematoriums because the funeral home use is a completely different use than a crematorium, and both have different guidelines to follow through MnDOH. From Page 3-12, regarding nursing homes, the question arose as to whether nursing homes are required to obtain lieensure through the Minnesota Department of Health, as are assisted living facilities. The answer to this question is yes; nursing home buildings are required to obtain lieensure through MnDOH. The definition of nursing home could be amended to include lieensure by MnDOH, but it is not imperative to add this verbage since the state requires it. From Page 3-9, regarding the definition of hotel, the question arose as to why the minimum number of guest rooms is eight (8). In response, the definition proposed is the exact definition that is found in the current ordinance. I checked with a number of other cities and found their definitions to be consistent with ours except that some define the minimum number of rooms as six (6), and others define the minimum number of rooms as eight (8). It appears that it is up to each individual city to decide the appropriate definition to define the minimum density of a hotel. From Page 4-4, regarding land use or development applications, the 60 day role applies to applications such as variances and conditional use permits, but not to the platting process. The language referring to approval as per state statutes should be left as proposed, so if state statutes change, the language in the ordinance wouldn't have to change. CITY OF COLUMBIA HEIGHTS Date: April 25, 2001 To: City Council Members From: Tim Johnson, City Planner Re: Zoning and Development Ordinance As you are aware, the City Council has set up a work session for April 30, 2001, to review the proposed Zoning and Development Ordinance. The City Council formerly received a copy of a highlights section pertaining to important or significant changes proposed in the new ordinance as was presented to the public at the open house on March 6, 2001. The purpose of this overview is to give you a better understanding of each section of the proposed ordinance, and to briefly mention some of the changes that are being made in this rewrite process. As a whole the existing Zoning Ordinance and the proposed Zoning and Development Ordinance are quite similar in nature as indicated in this overview. There are some unique aspects of the proposed ordinance that are entirely new or have been rewritten in order to maintain consistency and accuracy. However, it has been quite difficult to track each individual change or to try to explain how and why certain sections have changed. This is especially true considering that staff and planning consultants who formerly worked on the project are no longer available to provide insight on certain sections. Herein is a section by section overview: Section 1: Purpose, Authority, and Jurisdiction There are no substantial changes to note in this section as compared with the existing ordinance. The intent and purpose section is substantially consistent with the existing Zoning Ordinance. Section 2: Rules of Construction There are no substantial changes to note in this section as compared with the existing ordinance. Additional language has been added to clarify the rules of construction. Section 3: Definitions This section is substantially similar to the existing ordinance with the addition of several new terms, and expanded language designed to provide clarification and to eliminate any confusion for the reader. Section 4: Administration And Enforcement This section outlines the required procedures for the administration of this ordinance as well as the duties of officials and boards. This section is essentially the same as the existing ordinance with quite a bit more detail and explanation of the required process. A Development Review Committee designation has been added to this ordinance 9.402(3), which identifies applicable staff who have the responsibility of reviewing plans and plats for conformance with the ordinance. Section 9.409 has been added which would allow the Planning Commission to hold a public hearing for the vacation of any public street, alley, or other public right-of-way. The City Council then makes the final decision on this matter. This process is typical for many cities. Section 5: Non-Conformities This section is essentially the same as the existing ordinance and mirrors other cities non- conformity sections. However, City staff and the Planning Commission recommended an exception to the section Damaged or Destroyed 9.502(9), and 9.503(5) that would allow for some property owners along 40th Avenue who own non-conforming homes in the Limited Business District to rebuild their home if destroyed by fire or natural causes, not to exceed the building footprint. This provision would allow for these owners to be able to retinanee on their homes, or allow for any future buyer of these homes to obtain affordable financing. This provision was suggested because the residential properties along this stretch are the majority, even though the district has a number of commercial buildings as well. Section 6: General Development Standards This section was created to provide some consistency, as the existing ordinance standards are brief, in no particular order and provide very little detail or description. This section needed to be revamped, as certain standards were lacking proper sequence. The new section incorporates: · Expanded lot controls 9. 602. Consistent with lot provisions from existing ordinance; · Accessory structure requirements 9. 603, with highlighted changes as indicated on the highlights pages; · Home occupation requirements 9. 603(3) which are essentially the same as the existing requirements; · Requirements for outdoor swimmingpools and courts 9. 603(5). Consistent with industry standards; · Dwelling structure requirements 9. 604. With highlighted changes as indicated on the highlights pages; · Fencing requirements 9. 605. Which are currently a supplement to the Zoning Ordinance and have inconsistencies, the proposed requirements mirror the existing requirements; · Temporary uses and structure requirements 9. 607. These are typical provisions used in many cities; Expanded performance standards section 9.608. Designed to protect and enhance land use; Essentially the same as the former requirements; The storm water management section 9.609 has been added to the new ordinance by City Engineer Kevin Hansen (see overview); Land alteration requirements 9. 610. Consistent with other cities ordinances; Exterior lighting standards 9. 611. Highlighted changes are indicated in the highlights pages, a lighting specialist was consulted in conjunction with making the recommended changes in footcandle measurements; Off Street Parking and Loading 9. 612. The proposed requirements are substantially similar to the existing ordinance, although we have proposed to add a minimum driveway aisle width of 24 feet to the proposed ordinance, which is an industry standard. The proposed requirements are easier to read as they have been put in a table format. Some other changes to make note of include a requirement of 2 covered parking spaces for single-family, two-family, and multi-family units, as the existing ordinance requires a minimum of one covered parking stall for each use. The Planning Commission looked at the off-street parking table as provided by our planning consultant, and believed it to be reasonable and consistent with industry standards. (See also highlights section for off-street parking surfaces); Landscaping & Screening 9. 613. This section has been added. The landscaping standards proposed are necessary as the existing ordinance doesn't really address minimum landscaping standards aside from screening. The landscaping and screening standards proposed are based on industry standards. A proposed requirement to make note of is that a landscape plan is required for all new commercial, industrial, institutional, or multi-family development. There are also minimum plant materials and minimum size standards for plantings in the proposed ordinance. See highlights section for highlighted landscaping standards proposed; Building Design Standards 9.614. This section is brand new as the existing ordinance did not spell out any criteria for building materials or design in residential, commercial, or industrial areas. The proposed ordinance would not allow for pole structures, and would help tremendously to dress up our commercial and industrial districts for any new construction. This section will probably be most beneficial to the city as we look to aesthetically enhance front facades. Refer also to highlights section for highlighted standards added to the proposed ordinance; Teleeommunications 9. 615. Refer to separate Tower Siting Ordinance # 1424; Sign Regulations 9.616. Although this section has been rewritten, the content is substantially similar to the existing ordinance, with a few revisions and updated standards as addressed in the highlights section. It should be noted that we have proposed to eliminate the permit process for temporary signage because of the tremendous amount of staff time it takes to process these permits for short time periods, and the difficulty in enforcing the timelines imposed; Section 7: Specific Development Standards This section is completely new and has been written in order to establish specific supplemental development standards that will be applicable to certain land uses. The uses listed in this section are accompanied by industry standards that seem applicable in order to determine the feasibility of the project, and to also provide for a quality project. A number of these uses are identified in the highlights section provided. The criteria for certain uses proposed is identified in this section and is required to be met. Section 8: General District Provisions This section is consistent with the existing ordinance in which it identifies the division of the City into certain Zoning Districts. Section 9: Residential Districts Table 9.903 has been added to easily identify lot dimensions, height, and bulk requirements for the residential districts. The only substantive changes being considered have been identified in the highlights section. R-1 This section has been written in order to preserve and enhance our single-family districts. The list of permitted and conditional uses are essentially the same as the existing ordinance, with the deletion of some conditional uses. Residential care facilities and daycare facilities are allowed per statute. R-2 This section is nearly identical to the existing ordinance with reference to permitted and conditional uses. However, churches and schools would be considered a conditional use rather than a permitted use. R-3 This section is essentially the same with motels, hospitals, clubs and lodges, and manufactured homes no longer allowed in this district. R-4 This section is essentially the same with funeral homes, offices, clinics, retail sales, motels, and hospitals no longer allowed in this district. Section 10: Commercial Districts There are three (3) commercial districts as identified by the proposed ordinance. The item of substance to be noted is the change in title of the Retail Business (RB) District, to now be called General Business (GB) District. This change was brought about when the former consultant and former staff believed the general business district title more appropriately describ"d our commemial areas. The Retail Business District title would be eliminated from the Zoning Ordinance and Zoning Map. Table 9.1003 has also been added to easily identify lot dimensions, height, and bulk requirements for the commercial districts. The regulations herein are similar to the former ordinance, with some minor changes. Limited Business District (LB) This district allows for the same type of limited retail sales and services for neighborhood convenience. However, some changes to make note of include: Religious facilities allowed as a conditional use; the existing ordinance did not permit them in this district. Hotels and motels are allowed as a conditional use; the existing ordinance permitted them; Laboratories are not allowed in this district; the existing ordinance allowed with a conditional use; Schools are allowed as a conditional use; the existing ordinance permitted them; Central Business District (CBD) This district is very similar to the existing CBD requirements but its uses are more condensed and easier to follow. A few changes to make note of include: Dwelling units allowed as a permitted use, but subject to certain conditions identified in specific development standards; existing ordinance allowed dwelling units with a conditional use; Restaurants (food service, coffee shop, fast food) are allowed as a permitted use subject to specific development standards; existing ordinance allowed with a conditional use; General Business (GB) District This district is similar in nature to the existing Retail Business (RB) District, but has been rewritten and takes the place of the RB District. The same type and nature of uses are allowed. However, there are some changes to make note of: Dwelling units not allowed; existing ordinance allowed with a conditional use permit; Restaurants, cafes, would be allowed as permitted uses, but subject to certain development standards. Existing ordinance allowed as a conditional use. Auto sales would be allowed as a permitted use, but also subject to certain development standards. Existing ordinance allowed as a conditional use; Refer also to consignment stores, pawnshops, currency exchanges, and drop-in facilities, which are allowed as a conditional use, but need to meet distance criteria as well; Section 11: Industrial Districts I-1 and 1-2 Districts Table 9.1103 has also been added to easily identify lot dimensions, height, and bulk requirements for the industrial districts. This section is essentially the same and allows for the same type of industrial uses as the existing ordinance. The I-1 District has been retitled as I-1, Light Industrial District; and the 1-2 District has been retitled as I-2, General Industrial District. Section 12: Mixed Use Development District This purpose of this section is to replace the traditional Planned Unit Development (PUD) process. This section has been written in order to set up mixed-use opportunities for these districts identified below. This section identifies three mixed-use districts all as identified in the Comprehensive Plan: · Transit-Oriented Mixed-Use District · Community Center Mixed-Use District · Transitional Mixed-Use District However, any mixed-use proposal would require a rezoning to a mixed-use district as set up in this section and as shown on the comprehensive plan. Each of these districts requires a specific mix of residential/commercial in order to achieve the desired development, should it occur. The minimum size of a mixed-use development as recommended by our planning consultant is five (5) acres. Section 13: Overlay Districts Floodplain Management Overlay District Shoreland Management Overlay District These districts have been established to recognize those unique areas of land and land use in the City, within flood prone areas and shoreland areas. The purpose of these districts in intended to protect public health and safety by preserving the environment. Section 14: Subdivision Regulations This section was reviewed and rewritten by City Engineer Kevin Hansen, and is consistent with a number of other similar communities. Community Development To: From: Date: Re: City Council, Planning Commission, City Manager, City Attorney Tim Johnson 4/24/01 Zoning and Development Ordinance As you know, the City of Columbia Heights has been involved in an extensive process to update the City Zoning Ordinance. This process was initiated in 1999 by City staff and SRF Planning Consultants. Subsequently, the f'h-st work session devoted exclusively to the Zoning Ordinance was held by the Plarmmg and Zoning Comnussion on February 24, 1999. During this time, the consultants were also working on the City Comprehensive PIa. n, winch was eventually adopted in May 2000. Since ./uly 2000, staff has devoted a tremendous amount oftirne and effort in rewriting the proposed Zoning and Development Ordinance that had been temporarily put on hold due to City Staff and consultant turnover. Commumty Development Staff have also spent additional time not indicated below in reviewing and making changes to the document since August 2000. Staff has met a total of nine (9) times, all dedicated exclusively to the proposed Zoning and Development Ordinance. This total does not include the countless hours that planning staff have devoted to making changes, doing research, and fine nming the document. Articles were published in the last two Heights Happenings releases winch talked about the Zoning and Development Ordinance rewrite. An official pubhc notice was published as required on February 22, 2001 for the March 6, 2001 public hearing. Staff publicized the zomug and Development Ordinance rewrite in a recent Focus News article before the public hearing was held. Staff has also publicized the Zoning and Development Ordinance rewrite on a number of occasions on Cable Tclcvisinn. The following briefly summarizes the time that the Planning and Zoning Commission and recently the City Council has specifically devoted to the Zoning and Development Ordinance rewrite, and the ongoing public participation process. · February 24, 1999 - The Planning and Zoning Commission held a work session on the proposed Zoning Ordinance. March 1999 through March 2000 - Stuff and SRF Planning Consultants worked to develop a draft ordinance. Several planning consultants left during this time and new consultants were brought in to spearhead the process. City Planner Joe Hollman also lefi at the end of April 2000, winch also held up the adoption process. · July through September 2000 - City Staff continued review of Zoning Ordinance rewrite with SRF planning Consultant, and Community Development Staff. September 2000 - SRF Lead Planning Consultant lefi the firm and the City of Columbia Heights staff was given the responsibility to spearhead the adoption process and continue revising and rewriting this proposed ordinance. · October 3, 2000 - The planning and Zoning Conumssion reviewed the draft Tower Ordinance as well as the draft Zoning and Development Ordinance proposed at thcix regular meetLag. Apnl 24. 2001 November 27, 2000 - A special meeting was held for the N~I Project. The 7onmg and Development Ordinance was also reviewed by the Planning and Zoning Commissioners. December $, 2000 - The planning alld Zoning Comnussion held a regular meeting and the zoning and Development Ordinance was reviewed. January 9, 2001 - The phnn,ng and Zoning Commission held a special work session to review sections of the proposed Zoning and Development Ordinance. January 23, 2001 - The Planrang and Zoning Commission held a special work session to review sections of the proposed Zoning and Development Ordinance. February I, 2001 - The planning and Zoning Conumssion held a special work session to review sections of the proposed Zoning and Development Ordinance. February 6, 2001 - The planning and Zoning Comrmssion held a regular Planning and Zoning Commission meeting and also reviewed sections of the Zoning and Development Ordinance. February 13, 2001 - The Planning and Zoning Comrmssion held a special work session to review sections of the proposed Zoning and Development Ordinance. The Planning Comnussioners finished their formal review of the document at this meeting and directed staff to make necessary changes and present m City Council and the public. March 6, 2001 - An open house and public hearing were held at the planning and Zoning Cormmssion meeting to address any concerns and to present the document to the public. City staff, Plarmmg Commissioners, City Council Members, and concerned citizens were present to discuss issues relevant to the Ordinance. The Planning Cornrmssion approved the document and passed along the recommendation to the City Council. March 12, 2001 - The City Council held a regularly scheduled meeting and passed a first reading of the Zoning and Development Ordinance proposed. April 3, 2001 - The PIning and Zornrig Conumssion and the City Council held a joint work session to discuss the Zoning and Development Ordinance proposed, and to address relevant issues. The City Council decided to set up another special work session on April 30, 2001, m discuss the Zoning and Development Ordinance. April 9, 2001 - City Council held a second reading on the proposed Zoning and Development Ordinance. The item was tabled and a work session scheduled for Ap. 30. 2001. April 30, 2001 - City Council work session scheduled to review exclusively the Zoning and Development Ordinance proposed, and to decide a course of action relevant to adoption. 2 ]~'rage Door Opener ' I I. nstalled and -,'-COMMUNITY DEVELOPMENT Building Official Report It seems like we spend all our +jme repairing what "mother nature" does to our properties, We use the summer to repair winter and summer damage. Now is the time to get our heating plants ready for the next season. Have your furnace checked by qualified personnel. Remember to pay pafficular attention to "cement asbestos" chimney flues. Most of these flues are 40+ years old and beginning to deteriorate and collapse, If you have this type of chimney flue, I strongly urge you to have the flue replaced with · new class B metal flue. · your home and is the same deadly gas coming out of your automobile tail pipe. AJI fuel buming appliances, such as ranges, dryers, etc., are capable of producing carbon monoxide and should be periodically checked for proper operation. Remember, your family members are at risk and the cost of roaintenance is low compared to hospital or doctor bills or even the death of a loved one. Make sure your combustion air supply is clear of any restrictions. When the air inside the home becomes depleted, ~ere is a possibility of ~ack draft,' gases coming back down the chimney, As an example, ~e average natural gas water heater will use up the air contained in a 12x12x8 foot room in one hour of time when the burner is on. if we are to rely on infiltration air (air leaking in around doors, windows, etc.), we have to leave our homes loose and I~aking which makes them very inefficient to heat. Remember, it is not only your life, b/ also the lives of your loved ones. For information on combu~on air or energy conservation in constnJction, brochures are available item ~e Energy Information Center, Minnesota Depam'nent of Public Service, phone (651) 296-5175. This agency has a wealth of information aveilaPle on energy systems such as Master Redevelopment insulation, windows, indoor moisture, air conditioning, caulking, weather-s~pping,(Concept) Plan for etc, Downtown Columbia Item of Interest: Heights The City Council Zoning Ordinance approved a Maste Rewrite The C/ty of Columbia Heights is in the process of updating its Zonini Ordinance and would like the public to be aware of this ongoing plan. City Planning sift have been working since 1999 with SRF Consutt/ng Group, Inc,, a muftiH:lisciplinary planning firm, and the Planning and Zoning Commission to Uy to update requirements for appropriate zoning districts, development projects, and to address relevan~ land use issues. City Planner, Tim Johnson, and City staff have been reviewing the draft Zoning Ordinance rewrite and will be submitting comments and recommendations for changes to inosrporata into the final plan. The Ranning and Zoning Commission at ~ ~eir October 3, 2000 meeting, discussed the upcoming Zoning Ordinance rewrite and decided to review the draft Zoning Ordinance, Chapters 1-6, at their meeting on November 8, 2000 at 7:00 p.ro. at City Hall. The Ranning and Zoning Commission will also be reviewing Chapters 7-13 at the December 5, 2000 roeatjng at 7:00 p,m. in City Hall. This reviewal process should allow for the Planning end Zoning Commission to vote on the edopdon of ~e Zoning Ordinance rewrite in January or F-el)mary 2001, which would ~ten be passed on to O~e City Council for final adoptjon. Please check with the Columbia Heights Community Development Department if you have quem~ons about the new Zoning Ordinance, ~e time line for adoption, or if you would like to see a cow of the document. You can reach Tim Johnson (City Planner) at (763) 706-3673 regarding this document. Redevelopment Plan (Town Square) for downtown Columbia Heights. The geo~'aphic focus of this plan is between 37th Avenue N.E. and 43rd Avenue N.E., primarily along Central Avenue N.E. The plan also includes the area along 40th Avenue N.E., west of Central, to University Avenue. The plan considers a variety of issues, including: Potantjal sites for redevelopment; Design themes for such things as uniform street lighting and plantjngs; Potential rinkages and amenffies All of these improvements are designed to enhance the pedestrian environment in downtown Columbia Heights. A volunteer task fome had been assembled to assist with the preparation of this plan. An in~al meeting of the task force was held in July, 1999 to review and discuss the following: · Opportunities and conmints of the project area; e Market analysis and demographics of the area; · Possible market opportunities for dowotowo Columbia Heights; · Comparable development models in the Twin C'tdes A second meeting was held in September, 1999 to review possible streetscape opportunities and land use alternatives. An open house Town Meeting was held in November 1999 to seek input. The Town Square concept was approved by the Council in August, 2000. If you have any questions on the Master Concept Plan, feel free to contact the City Planner at (763) 706- 3673. Columbia Heights EDA Adopts Mission Statement The Columbia Heights EDA was origi- nally established by an enabling resolu- tion adopted by the Cohimbia Heights City Council in January, 1996. At that time the Housing and Radevelopment Authority (HRA) transferred all projects and programs to the new EDA. As part of the EDA's review of proposed projects and activities, it was determined that a Mission Statement should be established to help identify the purpose and role of the EDA. The Board adopted the following Mission Statement to serve as a brief statement identifying the role and pu.~ose of the new agency in providing essential programs within Columbia Heights. The adopted Mission Statement is as follows: The mission of the Columbia Heights Economic Development Authority is to provide financial and technical assis- tance and resources to residential, commercial. and industrial interests to promote health, safety, welfare. economic development and redevelop- ment. Questions about EDA programs may be directed to Ken Anderson at 782-2854. ]lllpl'O', enlcnr The Columbia Heights loans under the Great Minnesota Fix Up Fund. In order to qualify for these loans you must have equity in your home, be credit worthy and have a household income below $49,000 annually. Many home improve- merits qualify for this loan including, but not limited to roofs, siding, driveways, elecn'ical, plumbing and room additions. A homeowner can borrow up to $25,000 for a maximum term of 25 years with a fixed interest rate which varies from 2% to 8% based on the borrowers income. Home Improvement Grant/Deferred Loan Program The Columbia Heights EDA offers a Home Improvement Grant/Deferred Loan for low income homeow-aers. This program provides homeowners with a deferred loan up to $15,000 to be used for health and safety repairs. The loan is deferred 10% per year up to 50% which is due and payable at the time the title txansfers. Eligible homeowners can submit an application to the EDA and will be placed on a wailing list which is approximately one year. Homeowners are selected from the waiting list on a first come, first served basis. Once the homeowners' name comes up on the waiting list, the EDA will process the necessary paperwork an inspector will come out to your house and make determinations of what items in your home need to be repaired. Once the repairs are determined, bids will be sent out to participating coolfactors. The homeowner and EDA will select a contractor based on the amount and quality of the bids. The income limits for this program are as follows: If you are interested in any of these home improvement programs, you can contact the Community Development Deparanent at 782-2854 for an application or additional information. .Meet out' ne~v employee: Joe Holhnan. Planner Joe Hollman started as our new Planner on February 23, 1998. Mr. Hollman's duties include staff liaison to the Planning and Zoning Cornmission and serving as the Zoning Adminislrator with the responsibility of implementing provisions of the City's Comprehensive Plan and Zoning Ordinance. Hollman has previously worked in the planning depamnants of Goodhue County, IvrN; Peoria County, IL; and the Arrowhead Regional Development Commission in Duluth, MN. Mr. Hollman will be a key player in overseeing the work associated with the Comprehensive Plan update, rewriting of the Zoning Ordinance, and follow-up to the Minnesota Design Team recommen- dations made during their visit the first week of May. He m.~y be contacted by calling 782-2856. MHFA Home Energy Loans The Columbia Heights EDA administers a Home Energy Loan for qualified homeowners. This loan can be used for energy in~provements such as furnaces, water heaters, insulation, door and window replacement. A homeowner can borrow up to $8,000 with a fixed interest rate of 8% for a maximum of 8 years. Unix ersal Service Ax allable Under a special agreement with Meredith Cable, those residents who currently do not have cable TV service my subscribe to a new tier of sarviee called Universal. This new tier consists of: The Educational Access Channd The Library ,Iccess Channel KABL - Local OriS~nalion The Public ,4ccess Channel The Government .dccess Channel There is no charge for installation of this service on one TV seX, and there is no monthly charge for the service. J For more information, please call Meredith Cable at 483-9999. 8 COMMUNITY DEVELOPMENT 590 - 40U~ Ave, N,E. (76a) 70~3670 Tips from the Building Official Now is the time we not only repair the damage to our properties fTom last winter, but also damage by summer storms. It seems like we spend all our time repairing what "mother nature" does to our properties. I suggest we get our homes and furnaces ready for the next season while preparing for the cold winter months ahead. 7 Have your furnace checked by qualified personnel. Pay particular attention to 'cement asbestos" chimney flues. Most of these flues are 40+ years old and may bejn to deteriorate and collapse. If you have this type of chimney flue, I strongly urge you to have the flue replaced with a new class B metal flue. Most mortgage lenders will require it to be removed before they will gram a mortgage to any prospective buyers. "Remember, Carbon monoxide is a silent killer and is produced by fuel burning appliances inside your home and is the same deadly gas coming out of your automobile tail pipe. All fuel burning appliances such as ranges, dryere, etc. are capable of producing caroon monoxide and should be periodically checked for proper operation. Remember, your family members are at risk, and the cost of maintenance is low compared to hospital or doctor bills or even the death of a loved one, When the Le~slature passed the Bill making the 1999 Energy Code law in the State of Minnesota, they recognized that we are constantly ti~tening up our homes to reduce energy usage. Part of this Bill was a requirement to provide ,~ make*up air for existing ildings. The most economical method is to install a "Combustion Air Supply." This "outside air supply' replaces the air ~ that goes up the chimney in an effort to maintain the up flow of gases. When the air * ! inside the home becomes depleted, there is a possibility of a "beck draft," ,.which is gases coming beck down the chimney. As an example, the average natural gas water heater will use up the air contained in a 12 x 12 x 8 foot room in one hour of time when the burner is on, If we are to rely on infiltration air (air leaking in around doors, windows, etc.), our homes will not meet new ener~, code requirements. When replacing windows, siding, doors, and re- insulating, we have to provide this 'make up" air to keep the chimney dLbd.~rvewing gases up and out of the building. Remember, it is not only your life that will be protected, but also the s of your loved ones. For information on combustion air or energy conservation in construction, brochures are available from the Energy Information Center, Minnesota Department of Public SaUce, phone 651-296-5175. This agency has a wealth of information available on enar~, systems such as insulation, windows, indoor moisture, air conditioning, caulking and weathersthpping, etc. New Planner Starts We welcome -tim Johnson as the new City Planner wenking in the Community Development Department! Tim has wenkod the last three years as a consultjng planner to the Citjes of Princeton and Milaca. Tim will parform all planning functions to include staff liaison to the Ranning and Zoning Commission and Zoning Adminisl~atur. As Zoning Administrator, .tim will review building permit applications to insure compliance with the Zoning Ordinance and process variance and conditional use permit applications. Oneofl~m's first duties will be to review the proposed new Zoning Ordinance and to prepare staff comments for the upcoming cffizen review and public hearing process. if you see Tim, please welcome him to Columbia Hei~ts! /r Columbia Heights Transit Hub Opening in September Many of you have notjced the construction of the Columbia Heights Transit Hub at the souffieest comer of 41st and Cen~al Avenue N.E. Anoka County and Metro Transit have worked to jointly plan and develop this facility to improve ransit service in the north met~o area and particularly in Columbia Hei~ts. Const~Jction will be completed in August and the new bus routes utilizing the new Transit Hub will be effectjve sometime in September of 2000. The Co ,L.a He~gnL~ Tries, it HUb will for bus drivers, bicycle panking, and stops for up to six buses at one time for people to transfer between routes. Metro Transit has also completed a resttdCtudng Study and will be increasing the frequency of bus routes on Conttal Avenue N.E. For instance, peak hour buses will ~'avel north and souffi on Con~'al Avenue at five minute intenrals; whereas, the current bus service is provided at fifteen minute intervals. so coming in September will be a new bus route which will run from the Columbia Heights Transit Hub to Apache Plaza and continue to Rosevilla ShODDinE Center. The same ute will continue from the Columbia Heights Transit Hub to 1-694 and stop at Brookdale Shopping Center. This will provide ~'eatly increased transit system services by allowing Columbia Hei~ts residents to better travel east and west to subuman destination stops wiffiout having to travel into downtown Minneapolis and beck to suburban destination points. Many thanks to Aj~oke County Commissioner Jim Kordlak, Anoka County Board, Matro Transit, and Columbia Hei~qts ~ Council members for their foresi~t and coc,~eration in making improved ransit a reality in Columbia Hei~ts. Hig/'dights of Proposed Changes CURRENT STANDARDS: Accessory Structures 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. · No Minimum residential garage size. Twenty (20) foot setback for residential garages when doors face the alley or street. Dwelling Units One story, split level, and split entry dwellings require a minimum floor area of 1,020 sq. ft., plus 120 sq. ft. for each additional bedroom. Exterior Zigbring Maximum of three (3) footcandles of light at any property line. Off 4treet Parking Off-street parking areas and driveways shall be surfaced with material to control dust and drainage. PROPOSED STANDARDS: Five (5) foot rear yard setback for residential accessory structures when doors do not face the alley or right-of-way. Eighteen (18) foot height restriction for all residential accessory structures. Minimum residential garage size is 20 X 20. Twenty (20) foot setback for residential ganges 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 d~vellings require a minimum floor area of l020 sq. ft., 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) footcandles of light at closest residential property line. Max of three (3) foot candies of light at closest non-residential property line. All off-street parking areas and driveways shall be surfaced with a dustless all weather hard surface material consisting of asphalt, concrete, brick, cement payera, or similar material. High/ights of Proposed Changes CURRENT STANDARDS: Signage · Portable signage allowed up to 8 X 4 in size Temporary signage allowed by pe,',,,it for four (a) eleven (1 I) day periods annually, and 30 days seasonally. Freestanding signage allowed in Limited Business (LB) Diswict not to exceed twenty (20) feet in height. Freestanding signage in Retail Business (RB) and General Business (GB) Districts allowed up to thirty (30) feet in height. Billboards allowed up to forty (40) feet in height, maximum 300 sq. ft., and spaced at 500 foot intervals in T Districts with 45 MPH speeds. Maximum height of forty (40) feet for fleestanding signage in all Industrial Districts. Signage · Minimum setbacks for fleestanding signs are the same as setback requirements for smactures in that disixict. Freestanding signage in Central Business Dislrict(CBD) allowed up to twenty (20) feet in height. PROPOSED ST.~NDARDS: Portable signage net-allowed. Temporary signage allowed without a permit. Freestanding signage allowed in Limited Business (LB) District not to exceed eight (8) feet in height. If located adjacent to a State Trunk Highway, maximum height shall be twenty (20) feet. Freestanding signage in General Business (GB) Dis~ct allowed up to twenty-five (25) feet in height if located adjacent to a State Tvank Highway. Billboards allowed up to twenty-five (25) feet in height, max I00 sq. and spaced at 1500 foot intervals in T Districts with 45 M~H speeds. Maximum height of twenty-five (25) feet for fleestanding signage in all Industrial Districts. Minimum setbacks for freestanding signs shall be ten (10) feet from property line or as otherwise stated in the ordinance. Freestanding signage in Central Business Diswict (CBD) allowed up to eight (8) feet height. If located adjacent to a State Trunk Highway, maximum height shall be twenty (20) feet. Highlights of Proposed Changes CURRENT STA~NDARDS: Specific Development Xtandards Adult Entertainment Use Allowed in Industrial District by conditional use p~,.dt, No minimum separation standards fi'om residential properties, or schools. Consignment/Secondhand Store Currency Exchange Drop In Facility Pawnshops Permitted in Business Districts and Industrial Districts. No m/nimum separation standards ~'om other similar facilities. No minimum standards or separat/on distances from similar facilir/es. Salvage Facility/Transfer Station Permitted in Industrial Dis~cts. No minimum standards. Transitional/Emergency Housing · Not addressed in current ordinance. Landscaping and Screening · No minimum landscaping standards. PROPOSED STANDARDS: Allowed in Industrial Distr/ct 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. Allowed in General Business District by conditional use permit only. Not allowed in Central or Limited Business Districts. These uses shall be located a minimum of 3000 feet from any existing consignment store, currency exchange, drop-in facility or pawnshop. Permitted in Industrial Districts. Need to maintain a minimum distance of 500 feet from any residential property. Shall require an environmental management plan. Allowed with a conditional use permit in R-3, R4, and LB Districts. Shall be located at least ¼ mile from all existing transitional housing. Minimum of one wee for every fifty (50) feet ofsa'eet frontage. Minimum of four (4) ~'ees for every one (1) acre of lot area, Hi~j'flights of Proposed Changes CURRENT STANDARDS: Building Design Standards No minimum building design standards. Zot Requirements Rear yard setback for R-I and R-2 Districts is thirty (30) feet. Side yard setback for R-3 Dis~ct is ten (10) feet; Rear yard setback for R-3 District is twenty (20) feet Twinhome Requirements They are not addressed in our current ordinance. PROPOSED STANDARDS: All structures over 120 sq. t~. shall have full perimeter footings. Steel frame structures with metal sid'mg and roof shall be allowed provided that 50% or more of the fi'ont of the building is of masonry type veneer and windows, and the side walls are at least four (4) feet fi'om grade with the same type of masonry veneer. Building facades shall contain windows at the Found level or fwst floor in order to provide visual interest and increase security of adjacent outdoor spaces by maximizing natural surveillance and visibility. At least 20% of the ~rst floor faqade that faces a public street, sidewalk or parking lot shall be windows or doors for residential use. At least 30% of the f~rst floor facade that faces a public s~'eet, 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. Rear yard setback for R~ I and R-2 Districts is 20% of the lot depth. Side yard setback for R-3 District is twenty (20) feet; Rear yard setback for R-3 District is thirty (30) feet. Lot area requirements for twinhomes are 9,000 sq. fL for both lots that share a common wall; 4,500 sq. ft. minimum lot size for each individual lot shat'~ng a common wall. 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 drained 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 Zoning and Development Ordinance - Section 1 Page 1-1 COLUMBIA HEIGHTS ZONING AND DEVELOPMENT ORDINANCE # 1428 City of Columbia Heights Zoning and 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 SUBDWISION REGULATIONS City of Columbia Heights Zoning and Development Ordinance - Section 1 Page 1-3 CHAPTER 9: SECTION 1: LAND USE AND DEVELOPMENT PURPOSE, AUTHORITY AND JURISDICTION 9.101 Title This ordinance shall be known, cited and referred to as the Columbia Heights Zoning and 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 orderly development of those areas; (e) Provide and protect adequate light, air, privacy and convenience of access to property; (f) Provide a safe and efficient traffic circulation 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; 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; City of Columbia Heights Zoning and Development Ordinance - Section 1 Page 1-4 (j) Establish a continuing system of review of this Ordinance to ensure it will be amended to meet the changing needs of the City; 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 Zoning and Development Ordinance - Section 1 Page 1-5 CHAPTER 9: SECTION 2: LAND USE AND DEVELOPMENT RULES OF CONSTRUCTION 9.201 (1) Language The following rules of construction govern 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; (c) The word "shall" is mandatory, and the word "may" is permissive; (d) The masculine gender includes the feminine and neuter genders; (e) 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; (f) 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; (g) 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; (h) General words are construed to be restricted in their meaning by preceding particular words; (i) The terms "Ordinance" and "Code" may be used interchangeably hereunder; 9.202 Application (D 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 Zoning and 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 (1) 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 streettire 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 (I) The following rules govem 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 ~'om 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 ascerta'med 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 Zoning end 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. The consequences of a particular interpretation; 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 Minnesota; 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 Zoning and 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 Zoning and 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 ofbnilding 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 Zoning and 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 trader 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, Flag 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: Cantilevered portion of a building. 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 Zoning and 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 right-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 orMarquee: 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 Zoning and 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 Veterinary: 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 hearing 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 Zoning and 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 structure 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 flee-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 Zoning and 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 ~'ont 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 Zoning and 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, wail or gate erected as a dividing marker along property lines or within the required yard. Filling: The placement of sand, gravel, 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. Hood Proofing.' A combination of stmcmrai 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 rooms, 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 wails. 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 Zoning and 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 ums 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 ofthe conditions ofpart (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 comice 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 Zoning and 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 ground 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 hazard. 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 Zoning and 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 htmdred thirty-five ( 13 5 ) 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 front 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 front 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 Zoning and 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 front 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 permanent 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 roads, 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 Zoning and 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 orgamsms 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 hazard 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 roads 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 Zoning and 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 unroofed 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 Zoning and 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 pattern 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 103 G. 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, fraternity or sorority house, or a dormitory unit. City of Columbia Heights Zoning and Development Ordinance - 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 fumished 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 lieensure 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) pement 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-of-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 Zoning and 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 force 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 f~amework, braces, uprights, and supports of such signs. Said definition shall not include a building to which the sign is attached. City of Columbia Heights Zoning and 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 discemable 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 ground. City of Columbia Heights Zoning and 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 sottree of light incorporated in or connected with such sign, or indirectly from 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, Time and Temperature: A sign that displays only time and temperature information. City of Columbia Heights Zoning and 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 structure, 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 copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture 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: anilingns, buggery, coprophagy, coprophilia, cunnilingns, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; 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 city of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-19 activities involving the flagellation, torture, fettering, binding or other physical 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, m~nstruation, vaginal or anal ircigation. 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 ~fly (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 unpierced 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 beating 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. Vending Machine: Any coin operated device that dispenses a product or service without an attendant. City of Columbia Heights Zoning and Development Ordinance - Section 3 Page 3-20 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. 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 Zoning and Development Ordinance - Section 3 Page 3-2 1 CHAPTER 9: SECTION 4: LAND USE AND DEVELOPMENT ADMINISTRATION AND ENFORCEMENT 9.401 (2) (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 Authority. 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) (b) (c) (d) Zoning Administrator Development Review Committee Planning Commission 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 Zoning and 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 permanent and current records of this Ordinance, including, but not limited to, all associated maps, amendments, conditional uses, variances, and appeals. 3. Receive, file and fortyard 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. (b) 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 Zoning and 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. 5. 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 Cotmcil. {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 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 Department. The application shall be accompanied by detailed written and graphic materials fully explaining the proposed City of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-3 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 Zoning and 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 rights-of-way. 9.404 (2) Public Hearings Notice of Public Hearing. For all development or land use applications requiring a public heating, notice of the public hearing shall be as follows: (a) Official Publication. The Zoning Administrator shall publish notice of the time, place and purpose of the public heating at least once in the official City newspaper, not less than 10 days nor more than 30 days before the hearing. Notice to Affected Property Owners. The Zoning Administrator shall mail a written notice of the time, place and purpose of the public heating 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 heating to the Commissioner of Natural Resources at least 21 days before the heating. 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 Zoning and Development Ordinance - Section 4 Page 4-5 9.405 (1) (2) (3) 9.406 (1) (2) (3) (4) (5) Appeals Right of Appeal. At any time within 30 days after 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. 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 winch the appeal is made. 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 heating, the Planning Commission shall render its findings. Zoning Amendments 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. Application for Amendment: An application for an amendment to change the district boundaries on the official zoning map or the text of tins 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. Public Hearing. The Planning Commission shall hold a public hearing 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 tins 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 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. 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 Zoning and 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 Fariance. 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 hearing on the complete application for a variance 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 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 from the provisions of this Ordinance: city of Columbia Heights Zoning and 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 property 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 Zoning and Development Ordinance - Section 4 Page 4-8 (5) (6) (7) (s) 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 findings 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 Zoning and 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 mason 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 right-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 fight-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 heating 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. 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 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 shall make each of the following findings before vacating a street, alley or other public fight-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 Zoning and Development Ordinance - Section 4 Page 4-10 (1) (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 hearing on the completed application for a minor subdivision 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 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 Zoning and 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 Zoning and Development Ordinance - Section 4 Page 4-12 (4) (5) (6) (7) 9.412 Public Hearing. The Planning Commission shall hold a public heating 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 requirements of Section 14 of this Ordinance. 2. The proposed subdivision is consistent with the Comprehensive Plan. The proposed subdivision contains 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 Recorder'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 approved 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 Zoning and 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 Zoning and 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 (1) (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 conformance 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 approved 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 Zoning and 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) Enforcement 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 amendmems thereto is guilty of a misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offense. City of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-16 CHAPTER 9: SECTION 5: LAND USE AND DEVELOPMENT NON-CONFORMITIES 9.501 (D (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, commemial, 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 of non-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 Zoning and Development Ordinance - Section 5 Page 5-1 (9) 0o) 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 contaimng 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 heating 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 Zoning and Development Ordinance - Section 5 Page 5-2 (1) (2) (4) (s) 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 conformante. 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 0) (2) Non-conforming Lots. Non-conformity Established. A lot of record that does not conform to the width, depth, lot area or fromage 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 Zoning and Development Ordinance - Section 5 Page 5-3 (3) (4) 9.505 (D 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 Zoning and 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 uses. 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. No lot shall be divided into two or more lots unless all lots resulting from such division conform to all applicable regulations of this Ordinance. 4) Lots of Record. A lot of record shall be deemed a buildable lot provided it has frontage on a public fight-of-way and meets the setback and area requirements for the district in which it is located, or adjusted to conform as follows: 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 district 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 Zoning and Development Ordinance - Section 6 Page 6-1 6) 10) 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 htmdred (200) feet of the lot in question and within the same block front is lesser or greater than that required by Ordinance, the required fi'ont 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. Corner 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 right-of-way shall be deemed from lot lines for purposes of this Ordinance, and the required front yard shall be provided along each front lot line. Yard Encroachrnents. The following uses shall not be considered as encroachments into required yards, provided they are not located closer than one (1) foot to the property line, except for fences: Comices, canopies, awnings, eaves, bay windows and other omamental 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 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. 12) e) Accessoxy 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 tins Ordinance. g) Signs constructed and maintained in accordance with the applicable provisions of this Ordinance. h) 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 fights-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. h) Street and Alley Intersections. No planting or structure in excess of thirty (30) inches above the abutting curb line shall be permitted witinn the sight triangle, defined as the area beginning at the point of intersection of the projected curb line and the alley fight-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 fight-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 fight-of-way line, then diagonally to a point fifteen (15) feet from the point of beginning along the second alley fight-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 Zoning and Development Ordinance - Section 6 Page 6-3 9.603 1) 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) f) 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 services. 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: 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. 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 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) percent for lots of 6,500 square feet or less or thirty (30) percent for lots with more 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. 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. n) 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 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 from 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 unusable 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. 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 Zoning and Development Ordinance - Section 6 Page 6-6 s) 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 frost 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 Zoning and Development Ordinance - Section 6 Page 6-7 6) 7) 9.604 l) 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: All single family dwelling units shall be a minimum of twenty (20) feet wide at the narrowest 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 tmit. 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 Zoning and Development Ordinance - Section 6 Page 6-8 b) c) e) 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 apartments 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 a) b) c) 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. The owner of the property upon which the fence is located shall be responsible for locating all properly lines prior to constructing said fence. 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 Zoning and Development Ordinance - Section 6 Page 6-9 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. 2) 3) e) 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. No fence shall exceed seven (7) 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 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. e) 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 Zoning and Development Ordinance - Section 6 Page 6-10 9.606 ~) 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: All overhead and underground transmission lines not required for the local distribution network. b) All transmission pipelines. c) Substations in excess of 33 KV. 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 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. g) Any essential service requiring easements other than easements granted to the public. 9.607 Temporary Uses and Structures. 1) Temporary Uses and Structures Permitted. The following temporary uses and structures shall be permitted in all zoning districts tinless 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. 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. f) 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 Zoning and Development Ordinance - Section 6 Page 6-12 (D (2) 3) 4) 5) 6) ~) 8) 9) lO) 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 goveming noise as adopted and enforced by the Minnesota Pollution Control Agency. Odor Emissions. All uses shall comply with the standards goveming the odor emissions as adopted and enfomed 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 governing 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 enforced 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 enfomed by the Minnesota Pollution Control Agency. Explosive and Flammable Materials. All uses involving the manufacture, storage or use of explosive or flammable materials shall comply with all applicable City of Columbia Heights 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: All uses involving the manufacture, storage or use of explosive or flammable 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. b) 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 flammable 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 governing 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 occasioned 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 Zoning and Development Ordinance - Section 6 Page 6-14 Detention Facilitr - a permanent natural or man-made structure, including wetlands, for the temporary storage of runoff 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. Floodway - 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 anaerobic conditions in the upper part. HFdrophytic Vegetation - 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. LandAlteration - 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 Ifaters -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 rtmoffby means of a permanent pool of water. Sediment - solid matter carded by water, sewage, or other liquids. Structure - any manufactured, constructed or erected building including portable structures and earthen structures. city of Columbia Heights 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; 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. Applicabili~.. This section shall apply to any land alteration requiring any of the following permits or approvals: 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; 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 conformance with the provisions of this Section. Subd. 2. Exemptions. The provisions of this Section do not apply to: 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; Any currently valid building permit, preliminary plat, excavation permit, or public improvement project approved prior to the effective date of this ordinance; 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 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 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; 7. Vegetative cover and clearly delineating any vegetation proposed for removal; and 8. 100 year floodplain, flood fringes and floodways. Site Construction Plan A site construction plan including; 1. 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; 3. Locations and dimensions of all construction site erosion control measures necessary to meet the requirements of this ordinance; 4. 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 5. 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: 1. 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; 2. 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; 3. 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; 4. The proposed size, alignment and intended use of any structures to be erected on the site; City of Columbia Heights 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 hi 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 water 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 runoff 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 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 of ranoff 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 "Protecting Water Quality 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 amount is greater, b. An average permanent pool depth of four to ten feet; c. A permanent pool length-m-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 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 concentrators 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 matedais (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off-site and not allowed to be carded by rimoff into 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 Zoning and Development Ordinance - Section 6 Page 6-21 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 rimoff rates of less than 0.5ft./see. across the disturbed area for the one-year storm. Diverted rimoff 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 if a 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 silos 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 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 for more 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 morn 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 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 impa~t 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/Methodolol!ies/Computations. Hydrologic models and design methodologies used for the determination of ranoff and analysis of storm water management structures shall be approved by the Director of Public Works. Plans, specifications and eompntations 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 Manalement P!ans/Groundwater Manal!ement Plans. Storm water management plans shall be consistent with adopted watershed management plans and groundwater management plans prepared in accordance with Minnesota Statutes Section 103B.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 ManaRement 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 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 first. 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 ofpolhitants 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 commemial, 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 Zoning 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 #4 above. 9.609 (9) Pertain.. Any person, finn 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) Severabili.ty. The provisions 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 grades prior to land alteration activities. 2) In General No person, firm or corporation may engage in any excavation, grading 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 grading 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 grading 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: Placement, removal or grading of more than ten (10) cubic yards of earthen material on steep slopes adjacent to a lake or wetland, or within the shorn or bluff impact zone of a lake or wetland. b) Placement, removal or grading of more than fifty (50) cubic yards of earthen material anywhere in the City. c) Placement, removal or grading 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 Zoning and Development Ordinance - Section 6 Page 6-26 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-1, 1-2, 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. f) A scaled plan showing existing and proposed vegetation and grotmd cover. g) An erosion and sedimentation control plan. 9.611 ~) 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 from 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 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 faqades or roofs shall be located, aimed and shielded so that the light is directed only onto the facade or roof. Exceptions. The following uses are exempt from 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 circumstances, 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 Zoning and Development Ordinance - Section 6 Page 6-28 s) 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-I 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 instntrnent acceptable to the City. Calculation of Requirements. Calculating the number of parking or loading required shall be in accordance with the following: 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 establishment. 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 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 permit 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 appruved 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 Cimulation. 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. Crushed rock shall not be considered an acceptable surfacing material. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-30 e) g) h) i) j) k) 1) 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-sheet 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 rotrod 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 flee 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 Zoning and Development Ordinance - Section 6 Page 6-3 1 s) 9) in conjunction with parking areas shall also be maintained and kept in good condition at all times. Offistreet Parking District. Should the City establish a public off-street parking district, those uses located within the district shall be exempt from 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. 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 Zoning and Development Ordinance - Section 6 Page 6-32 10) Of[:street Parking Requirements. Off-street parking shall be provided as specified in the following table, except as otherwise provided in this Section. 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 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 Commercial Uses Retail Sales/Services Retail Sales, Outdoor Auditorium/Places of Assembly Automobile Convenience Facility Automobile Repair 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 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 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 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 Musetan/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/service 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 trait, 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 1 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 Zoning and Development Ordinance - 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 Printing/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 1,000sfofsales/display area 1 per 3,000sfofstorage 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 Zoning and Development Ordinance - Section 6 Page 6-35 H) 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. 12) Automobile Washing Facility - Self Service Automobile Washing Facility - Automatic Food Service - Fast Food Drive-Through Financial Institution Other Drive-up or Drive-through Uses 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 trucks or similar vehicles and has a gross floor area of 5,000 square feet or more, in accordance with the following standards: 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. b) 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 fifty (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. 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 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 rimoff, 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 surrotmdings. c) 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 Zoning and Development Ordinance - Section 6 Page 6-37 J) All plant materials shall meet the following minimum size standards: Trees Evergreen Deciduous - Over-story Deciduous - Ornamental Shrubs Evergreen Deciduous Screening Shrubs - Either 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: All required setbacks shall be landscaped with turf grass, native grasses, trees, shrubs, vines, perennial flowering plants, or other pervious ground cover. b) 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: 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 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) fi'om 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 Zoning and Development Ordinance - Section 6 Page 6-39 2) Design Review Required. Approval of building elevations is required for all new commercial, 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. 3) Building Materials and Design. The following material and design standards shall be adhered to: BUilding.,: materials. folri all: projects, shall... be durable, require low woodSzofprovea'eXt~6i!:dUraliillt~,are~iexl.=such.:as ~chff,~itWo0d~and cypi~ess; 2~fadio~ i.fabfioaiedi i:a~ld'! .'ftiiishiid..indhal'yzfram~iDan~lini~i, 0r other mateiials:iifliii~hi~i~~.ia~!~l~pro~eCl 'by 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 limes, 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 at'~er 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. Steel frame structures with metal siding and roof are allowed in Commercial and Industrial Districts provided 50% or more of the front of City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-40 4) the structure is masonry type veneer and windows, and the side walls shall be at least four feet from grade with the same type ofmasomy veneer. 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 Telecommunication Towers/Antennae (Refer to separate Columbia Heights Tower Siting Ordinance # 1424) 9.616 l) 2) 3) Sign Regulations 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. 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. 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 approved 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. ii 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. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-4 1 iii Engineering data showing the structure is designed to accommodate dead load and wind pressure, in any direction, in the amount required within this Section, when specifically requested by the Zoning Administrator. 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 City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-42 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 flee and clear of all obnoxious substances, rubbish and weeds. e) 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. 5) Exempt Signs. In all districts, the provisions of this section shall not apply to the following signs: Signs of any governmental unit designed for regulatory and safety purposes. b) Memorial plaques, comerstones and historical tablets. c) Political signs regulated per State Statute. Direction signs not more 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. h) 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 City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-43 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. 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 frontage 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. l) 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. 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 City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-44 6) more than one hundred 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. 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) Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs flee and clear vision, or interrupts, confuses or misleads traffic. d) A private sign containing words or symbols, which might reasonably be construed as traffic controls. e) 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. g) 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. h) Any roof sign, unless attached to mansard roof or similar decorative style roof that is vertical in nature. i) 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. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-45 j) k) l) m) n) 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. 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) pement of the total area of the window on or in which it is displayed. 8) 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 pement of window area such that 75 percent of the total window area is kept clear at all times. No temporary sign shall be erected so as to prevent free 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. city of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-46 Permitted Signs. In the R-I, Single Family Residential District, and the R-2, Two Family Residential District, the following signs shall be permitted: (i) 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 pamel, a second institutional sign may be installed provided there is a minimum distmace of seventy-five (75) feet between the two sign structures. b) Restrictions. Permitted signs in the R-l, 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. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-47 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: (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. 10) Signs in LB, Limited Business District. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-48 Permitted Signs. In the LB, Limited Business District, the following signs shall be permitted: (i) 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. (ii) 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. (iii) 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. (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 (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. (vi) 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. (vii) 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. (viii) 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 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 City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-49 public entrance and provided that the said public entrance and sign faces a parking facility designated by the City as approved public parking. b) Restrictions. Permitted signs in the LB, Limited Business District, are subject to the following restrictions: (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 facade 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 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 abutting residential parcel. (ii) One freestanding 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 City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-50 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 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 morn from the front lot line and is located adjacent to a State Tnmk 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 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. (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 (¼) 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. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-5 1 b) Restfictions. Permitted signs in the CBD, Central Business 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 faqade 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 htmdred (200) 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 the abutting residential parcel. One freestanding pylon sign only if the building or structure is located adjacent to a State Trtmk 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 city of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-52 (iii) (iv) (v) (vi) (vi) (vii) contains more than 90,000 square feet of surface area, (b) if 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 Tnmk 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. If not located adjacent to a State Tnmk Highway and/or where the twenty (20) foot building 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 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. 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 (100) square feet per surface, limited to one surface. One identification sign for each use other than primary use, not to exceed two square feet per surface, and limited to one surface. One wall sign per building with an area of the lesser of twenty (20) square feet or one-half (¼) 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. City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-53 b) 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 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. Permitted Signs. In the I-1, Light Industrial District, and the 1-2, 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 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 building that faces abutting residential parcels. (ii) One freestanding 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) City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-54 b) 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. (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 sign. (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. Restrictions. Permitted signs in the I-1, Light Industrial District, and the 1-2, 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 fagade of the premises 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 maximum 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 City of Columbia Heights Zoning and Development Ordinance - Section 6 Page 6-55 are limited to the maximum number and area for the actual use of the subject property. Minimum Yard Requirements - Freestanding Signs. The minimum front, side and rear yard requirements for freestanding signs shall be ten (10) feet from any property line or as otherwise stated in this 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 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 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. 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 entertainment use is abandoned for a period of 90 days or more, it shall be deemed discontinued and subsequent use of the premises 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 Zoning and Development Ordinance - Section 7 Page 7-1 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 sotmdproo~ng 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. I) 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. 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 Zoning and Development Ordinance - Section 7 Page 7-2 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 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 Zoning and 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. f) 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. 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 orde~y fashion, with access aisles provided as needed. Music or amplified sounds shall not be audible from adjacent residential properties. 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 Zoning and 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 Zoning and 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, Veterinary 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) b) c) d) e) 0 g) The use shall be located a minimum of 1000 feet from any residentially zoned property or any residential use. An air quality plan shall be submitted describing stationary and mobile source air emissions, their quantities and compositions, and indicating conformance with all applicable regulations. 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 conformante with all applicable regulations. A sound attenuation plan shall be submitted describing sources of sound and indicating conformante with all applicable regulations. A vibration-dampening plan shall be submitted describing sources of vibration and indicating conformante 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 Zoning and Development Ordinance - Section 7 Page 7-6 Comrnunit~ Center a) 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. 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 Consigranent/secondhand:::stor~!:.sh'all.,,~,bo.:iidenti~ed.as stores..whose S~6~'iihilijmcmhandise. The use shall be located at least 3000 tbet from all'.eiisti~:eonsignment/secondhand stores, Currcncy.. exchanges 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) pement 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. 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. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-7 f') An appointment or set hours shall be required for the acceptance of consignment or donated merchandise. g) 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 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 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. c) For child day care facilities, at least 75 square feet of outside play area shall be provided for each child under care. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-8 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. 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 consistent with the character of the neighborhood. The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. 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 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 from its single-family residential character. For child day care facilities, at least 50 square feet of outside play area shall be provided for each child under care. city of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-9 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. 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 The use shall be located at least 3000 feet from all existing drop-in facilities, consignment/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 I00 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-10 The use shall.be.: located> at .least. iiOOO Teet:frOm .all existing:..tem~p~ary empl6ym~t:~:-ig~i~S,:~.!'f'~i~i/~e~dliafid:!:!:~tor~s,:: currency exchan~a ~d-Da~i~lia~ a) b) c) Firearms Dealer/Shooting Range The use shall be located at least 300 feet from any residentially zoned property or any residential use. The use shall be located at least 500 feet from the following protected uses: licensed daycare 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. 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) 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. 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 any litter found thereon. 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. A drive-up facility shall also be subject to the standards for a drive-up facility. Food Service, Limited (Coffee Shop/Deli/Bakery/Etc) Music or amplified sounds shall not be audible from adjacent residential uses, City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-11 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) a) 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. b) Music or amplified sounds shall not be audible from adjacent residential uses. 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. Freight Terminal Loading and unloading activities shall be located no less than 200 feet from any residential zoning district or residential use. b) Overnight 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 The use shall be served by a minor collector or higher functional classification of roadway. b) 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 The use shall be served by a minor collector or higher functional classification of roadway. b) Emergency vehicle access shall not be adjacent to or located across the street from any residential use. 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. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-12 Multi-family in CBD The residential use is secondary to and located above the ground floor commercial use. b) The maximum number of units allowed shill be limited to the area of the parcel divided by 2000, times the number of floors above the ground floor commercial use. A minimum of one parking space shall be provided per residential unit within 400 feet of the most commonly used entrance. Nursing Home The use shill 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 a) The outdoor sales/display use shall be accessory to a commercial use. b) All outdoor sales/display areas shill meet the setback requirements for a principal structure in the zoning district in which it is located. c) Outdoor sales/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) All goods shall be displayed in a designated area that is hard-surfaced. f) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. g) Music or amplified sounds shill not be audible from 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. city of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-13 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. City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-14 Outdoor Storage 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. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. ParMngRamp Parking ramp structures shall meet the setback requirements for a principal structure in the zoning district in which the use is located. b) Exterior facade materials shall be compatible with surrounding buildings. Pawnshop The use shall be located at least 1000 feet from all existing pawnshops, currency exchanges and consignment/secondhand 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 Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-15 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. I) 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 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 fight-of-way are prohibited. A landscape buffer with a minimitre 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. f) 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. 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 Zoning and Development Ordinance - Section 7 Page 7-16 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. 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. 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 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. 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. 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 Zoning and Development Ordinance - Section 7 Page 7-17 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 a) 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. The use shall not be located in a two-family or multiple family dwelling unless it occupies the entire structure. The facility shall be located on a parcel meeting the minimum lot size for a single faruily 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. On-site services shall be for residents of the facility only. The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use in located. f') 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. 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. b) d) g) City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-18 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 Zoning and Development Ordinance - Section 7 Page 7-19 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. I) 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. 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 Zoning and Development Ordinance - Section 7 Page 7-20 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. On-site burning of trash, refuse, garbage or other waste materials is prohibited. 1) Salvage of materials by fire, buming, explosives or chemical decomposition is prohibited. SchooL K-12 The use shall include a regular course of study accredited by the State of Minnesota. b) 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 complementat/and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 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. City of Colmnbia Heights Zoning and Development Ordinance - Section 7 Page 7-2 1 School, Vocational/Business 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. 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. 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. 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. 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. 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 Zoning and Development Ordinance - Section 7 Page 7-22 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 Transitional/emergency housing shall be located at least one-fourth (1/4) mile from all existing transitional/emergency housing. The maximum number of persons served shall not exceed 32. On-site services shall be for residents of the facility only, except where part of a regimen of scheduled post-residential treatment/service. 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 improv~nents consistent with the character of the neighborhood. a) b) c) d) e) City of Columbia Heights Zoning and Development Ordinance - Section 7 Page 7-23 CHAPTER 9: SECTION 8: LAND USE AND DEVELOPMENT GENERAL DISTRICT PROVISIONS 9.801 Establishment ofZoning Districts (1) 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) (2) City of Columbia Heights Zoning and 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 roles 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. (f) 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 Zoning and 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. 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 filly (50) foot limitation, the boundary line as shown shall prevail. Appeal of Interpretations. Appeals from the Zoning Administrator's determination and questions of doubt conceming the exact location of boundary lines shall be heard by the Board of Appeals and Adjustments. 9.804 Designation ofAnnexed Property. (1) Annexed property shall be placed in the R-l, Single Family Residential District, unless specific action is taken at the time of annexation to designate it otherwise. city of Columbia Heights Zoning and Development Ordinance - Section 8 Page 8-3 CHAPTER 9: LAND USE AND DEVELOPMENT SECTION 9: 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. 1) 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 with'm 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 Zoning and 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-I Minimum Lot Area Single Family Dwelling 8,400 sq. It. Two-Family Dwelling Twinhome Dwelling Multiple Family Dwelling Non-residential Structure 8,400 sq. It. Lot Area Per Dwelling Unit Single Family Dwelling 8,400 sq. It. 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 From Yard 25 feet Side Yard 7 feet* Comer Side Yard 12 feet Rear Yard 20% oflot depth R-2 R-3 R-4 6,500 sq. It. 6,500 sq. tic. 6,500 sq. 8,400 sq. It. 8,400 sq. ti. 8,400 sq. It. 9,000 sq. ti. 9,000 sq. It. 9,000 sq. tic. 10,000 sq. ti. 10,000 sq. It. 6,500 sq. It. 10,000 sq. It. 10,000 sq. It. 6,500 sq. It. 6,500 sq. It. 6,500 sq. It. 4,200 sq. It. 4,200 sq. It. 4,200 sq. It. 4,500 sq. ti. 4,500 sq. It. 4,500 sq. ti. 60 feet 1,200 sq. ti. 800 sq. It. 1,800 sq. It. 1,000 sq. It. 2,000 sq. It. 1,200 sq. It. 2,500 sq. It. 1,500 sq. It. 400 sq. It. 200 sq. It. 400 sq. It. 400 sq. ft. 70 feet 70 it. 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 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 10 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 Zoning and 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. 1) 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-1, 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 Zoning and 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) 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) 0 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) Govemment office. e) Govemment protective service facility. City of Columbia Heights Zoning and 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 ~'ont 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, condominiums 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 Colmnbia Heights Zoning and 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 commercial or industrial use, provided the lots are trader common ownership, is not separated by a public right of way and front 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) Commtmity 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 ofthis Chapter. City of Columbia Heights Zoning and Development Ordinance - Section 9 Page 9-6 9.907 R-4, Multiple Family Residential District 1) Purpose. The propose 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) Mhltiple 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) l) m) 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. Government office. Government protective service facility. 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 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 Zoning and Development Ordinance - Section 9 Page 9-7 4) n) Recreational facility, outdoor. Day care center, adult or child. Manufactured home park. 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 Zoning and Development Ordinance - Section 9 Page 9-8 CHAPTER 9: SECTION fO: 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 oppommities; 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 Enfomement. 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 Zoning and 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. ft. Minimum Lot Width 50 feet Minimum Lot Depth Lot Area Per Dwelling Unit Single Family Dwelling 6,500 sq. It. Multiple Family Dwelling Efficiency 1,200 sq. It. One bedroom 1,800 sq. It. Two bedroom 2,000 sq. It. lta'ee bedroom 2,500 sq. It. Additional bedroom 400 sq. ft. Congregate Living Units 400 sq. It. Hotel or motel 400 sq. ft. Hospital 600 sq. It. Building Setback Requirements Front Yard 12 feet Side Yard 15 feet Comer Side Yard 10 feet Rear Yard 20 feet Parking 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. It. 40 feet 20 feet 1,200 sq. It. 1,800 sq. It. 2,000 sq. It. 2,500 sq. It. 400 sq. It. 400 sq. ft. 15 feet 1 foot None None 15 feet 1 foot 20 feet 10 feet 15 feet 1 foot 5 feet None 15 feet 1 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 roadways. 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. Zoning and Development Ordinance - Section 10 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 Enfomement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) C) d) e) f) 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/maff~al arts. Licensed day care facility, child or adult. Government 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 Zoning and 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. t) 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. cO 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. co) Liquor store, off-sale. dd) Museum or gallery. City of Columbia Heights Zoning and Development Ordinance - Section 10 Page 10-4 ee) Office. f0 Recreational vehicle sales. gg) Retail sales. hh) Service, professional. ii) Shopping center. jj) Studio, professional. kk) Studio, radio and television. 11) Theater, live performance. nun) 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) e) 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 Zoning and 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, Centa'al Business District: a) Multiple family residential, when located above a first floor commemial use. b) Community center. c) Govemment offices. d) Govemment protective services facility. e) Public parks and/or playgrounds. 0 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). O Food service, full service (restauranl/nightclub). u) Health or fitness 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. ff) 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 Zoning and Development Ordinance - Section 10 Page 10-6 4) 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) 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) 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 Zoning and Development Ordinance - Section 10 Page 10-7 CHAPTER 9: SECTION 1'I: LAND USE AND DEVELOPMENT INDUSTRIAL DISTRICTS 9.1101 Purpose. The industrial districts are established to enhance the community's tax base; provide employment opportunities; 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 Enfomement. 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. s) 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 Zoning and Development Ordinance - Section 11 Page 11-1 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-1 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 I-1, 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) g) h) i) j) k) l) m) City of Columbia Heights Community center. Government office. Government maintenance facility. Govemm~nt 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. Zoning and Development Ordinance - Section 11 Page 11-2 p) q) r) S) t) u) 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 Enfomement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) c) d) e) i) 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 1-2, 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 Zoning and Development Ordinance - Section 11 Page 11-3 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the 1-2, General Industrial District: a) b) c) d) e) f) g) h) i) j) k) l) m) n) o) p) r) s) t) u) v) w) Community center. Govemment 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) 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 1-2, Light Industrial District: a) Off-street parking and loading areas. City of Columbia Heights Zoning and Development Ordinance - Section 11 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 Zoning and 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 after 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. 9.1202Mixed Use Development District Types. The City's Comprehensive Plan identifies three distinct mixed-use development opportunities with the City. I) 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 liiendly City of Columbia Heights Zoning and 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 percent 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 percent office and/or commercial/retail. Land use should complement and strengthen the current residential character of the area and provide new opporttmities 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: D 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 10, 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 Zoning and Development Ordinance m 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 maxima 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) b) The setbacks provided adequate distances from uses in adjacent districts. 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 Zoning and 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 conformance with the approved site plan and development agreement, and reflect the following standards: a) b) Pylon signs are prohibited; Freestanding monument signs shall utilize the same exterior materials as the principal building(s). City of Columbia Heights Zoning and Development Ordinance - Section 12 Page 12-4 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 govern. 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 govemment to adopt regulations designed to minimize flood losses city of Columbia Heights Zoning and 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 Flood 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 governmental 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 encroachrnents 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. b) 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 Zoning and Development Ordinance - Section 13 Page 13-2 10) H) 12) 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 opporttmity 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 strucmrally 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 flee 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 Zoning and Development Ordinance - Section 13 Page 13-3 General Flood Plain District. The General Flood Plain District shall include those areas designated as unnumbered A Zones by the Flood Insurance Study. 13) Floodway District (FW) a) 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 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. Private and public recreational uses such as golf courses, te~mis 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 Zoning and Development Ordinance - Section 13 Page 13-4 c) 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 human habitation; Accessory structures shall have a low flood damage potential; City of Columbia Heights Zoning and 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, flammable, 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 warning. t) 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) 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 fanning, and wild crop harvesting. Industrial-Commemial uses such as loading areas, parking areas, and airport landing strips. 3. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, City of Columbia Heights Zoning and Development Ordinance - Section 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 tiding 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 tip 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 first 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 basement) 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 Zoning and Development Ordinance - Section 13 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 Zoning and 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 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 plain 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 Zoning and 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 Within flood-prone areas, new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems. b) 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 Zoning Administration. The Zoning Administrator shall administer and enfome 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 placement 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 drawn to scale, showing the nature, location, dimensions, 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. 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. City of Columbia Heights Zoning and Development Ordinance - Section 13 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 Permits 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 Zoning and Development Ordinance - Section 13 Page 13-11 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 enfomement or administration of this Section. Variances. The Board of Adjustment and Appealsmay recommend upon appeal in specific cases such variance f~om 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 such 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. 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 City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-12 application for a Conditional Use Permit for a use within the General Flood Plain District, the applicant shall be required to fumish 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 nigh 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 500feet 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 Zoning and Development Ordinance - Section 13 Page 13-13 Compute the floodway necessary to convey the regional flood without increasing flood stages morn than 0.5 feet. An equal degree of encroachment on both sides of the stream within the reach shall be assumed. (v) 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 regulatory 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 fumish 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) 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. (ii) Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. iii) 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. (iv) 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. City of Columbia Heights Zoning and Development Ordinance - Section 13 Page 13-14 Factors Upon Which the Decision of the Planning and Zoning Commission Shill be Based. In passing upon Conditional Use applications, the Planning and Zoning Commission shall consider ill relevant factors specified in other sections of this Section, and: (i) The danger to life and property due to increased flood heights or velocities caused by encroachmerits; (ii) The danger that materials may be swept onto other lands or downstream to the injury of others; (iii) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions; (iv) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (v) The importance of the services provided by the proposed facility to the community; (vi) The requirements of the facility for a waterfront location; (vii) The availability of alternative locations not subject to flooding for proposed use; (viii) The compatibility of the proposed use with existing development anticipated in the foreseeable future; (ix) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area; (x) The safety of access to the property in times of flood for ordinary and emergency vehicles; (xi) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; (xii) Such other factors which purposes of this Section. City of Columbia Heights Zoning and Development Ordinance - Section 13 are relevant to the 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 proposes of this Section. Such conditions may include, but are not limited to, the following: 6) 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; 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. No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed fifty pement of its value at the time of its becoming a nonconforming use, unless the structure is permanently changed to a conforming us or tinless the alteration or addition would substantially reduce potential flood damages for the entire structure. City of Columbia Heights Zoning and Development Ordinance - Section 13 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 pement 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 Zoning and Development Ordinance - Section 13 Page 13-17 (22) (a) (b) 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 tinless 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 Zoning and Development Ordinance - Section 13 Page 13-18 CHAPTER 9: LAND USE AND DEVELOPMENT SECTION 14: SUBDIVISION REGULATIONS 9.1401 Purpose. The purpose of this section is to provide for the orderly 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. 9.1402 Authority. The Council hereby established the following rules and regulations pursuant to the authority provided in Minnesota Statutes, to regulate, control and maintain streets and provide for platting of property. 9.1403 Plats and Data. Subdivision 1. Sketch Plans. Sketch plans shail contain as a minimum, the following information: 1. Tract Boundaries 2. North Point 3. Streets on and adjacent to the tract 4. Significant topographical and physical features 5. Proposed general street layout 6. Proposed general land use 7. Name of owner and/or developer 8. Zoning on and adjacent to tract Subd.2. Preliminary. Plat. A preliminary plat shall contain the following information: 1. Identification and Description a. 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. c. Names and addresses of the owner, subdivider, surveyor and designer of the plan. Graphic scale North point Date of preparation Certification by surveyor certifying to accuracy of survey city of Columbia Heights Zoning and Development Ordinance - 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 pementage. 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 fights-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 htmdred (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 fumished 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, bearings and similar data on the plan shall be referred. City of Columbia Heights Zoning and Development Ordinance - Section 14 Page 14-2 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 fight-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, 10-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. City of Columbia Heights Zoning and Development Ordinance - Section 14 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), connection 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 nnplatted 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 enforcement of these regulations. d. Soil borings and analysis, if required by the City Engineer or Chief Building Official. e. 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 Zoning and Development Ordinance - 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 (100'-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 control 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 Zoning and Development Ordinance - Section 14 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 amended. 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 amonded 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 Zoning and 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 surrotmding 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 Zoning and 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 permit shall provide that, without limiting such immunities as the City or other persons may have under applicable law, a permittee 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: EFFECTIVE 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 May 14, 2001 Offered by: Second by: Roll Call Mayor, Gary L. Peterson Pat~cia Muscovitz, Deputy City Clerk City of Columbia Heights Zoning and Development Ordinance - Section 14 Page 14-8 CITY COUNCIL LETTER Meeting of: May 14, 2001 AGE A sECtiON: No: ITEM: BUDGET APPROPRIATION FOR MINNEGASCO RATE INCREASES NO: ORIGINATING DEPT: FINANCE BY: ~ILL~b.,RITE DATE: 05/03/01 CITY MANAGER APPROVAL As you are aware Minnegasco had some severe rate increases this past winter which have had a significant impact on the City's gas utility rates. The attached worksheet reflects the increases from October through April for the City's four major buildings, City Hall, Murzyn Hall, Central Garage, and the Library. As you can see from this spreadsheet, the total increase for these four buildings over the prior year is $32,249. Although this amount is relatively significant, when you look at it in comparison to the total general fund budget it is less than one-half of 1% of the total budget. As the City Council has requested that these rate increases be reviewed at this time, we are presenting this information. In general, most budgets for the year 2001 were completed with a minimal projection for utility rate increases. Subsequently, the amount of $32,249 reflected here was not included in the budget. However, based on past experience and the fact that the City uses a very conservative approach to budgeting, there should be adequate funds available to cover this unbudgeted expense. However, it is still too early in the budget year to project or fully determine the total amount for the under expenditure. Based on this, staff is recommending that the 2001 budget be reviewed in September as part of the 2002 budget process and that if any adjustments are needed they be made as part of the 2002 budget process. If the council desires to take a more conservative approach to cover the rate increase, a budget appropriation could be made at that time. Subsequently, staff is offering two alternatives in the motions listed below. RECOMMENDED MOTION: Move to direct staff to review the 2001 utility rate increases as part of the 2002 budget preparation to determine if there will be adequate under expending in the various funds to cover the rate increases, and to present this information to the City Council as part of the 2002 budget process. ALTERNATE MOTION: Move to appropriate $32,249.54 from the general fund undesignated fund balance to the general fund, library fund, and central garage fund per the attached worksheet to cover Minnegasco rate increases. Attachment WE:SIns 010531COUNCIL COUNCIL ACTION: City of Columbia Heights Minnegasco Rate Increases 590 40th Ave 530 Mill St 637 38th Ave 820 40th Ave Total Month Year Increase Increase Increase Increase Increase Fr Prior Yr Fr Prior Yr Fr Prior Yr Fr Prior Yr Fr Prior Yr October 2000 (36.55) 339.89 180.70 101.55 585.59 November 2000 473.19 124.49 137.35 0.92 735.95 December 2000 617.03 771.03 672.81 131.03 2,191.90 January 2001 2,584.92 2,494.70 4,687.17 873.20 10,639.99 February 2001 2,362.46 2,184.48 2,483.72 946.71 7,977.37 March 2001 1,793.55 1,890.82 2,171.55 681.51 6,537.43 April 2001 1,162.08 831.12 1,152.09 436.02 3,581.31 Annual Totals 8,956.68 8,636.53 11,485.39 3,170.94 32,249.54 AGENDA SECTION: Other Busimess ITEM: Vari~mce NO: Case # 2001-0507, 3954 Arthur Street NE Issue Statement: CITY COUNCIL LETTER ORIGINATING DEPT.: Community Development BY: Tim Johnson Meeting of: May 14, 2001 CITY MANAGER DATE: May 8, 2001 ~ This is a request for a 760 square foot size variance to exceed the 1,000 square foot limit for accessory structures, and a three (3) foot height variance to exceed the fifteen (15) foot height limitation for a proposed 30 foot by 40 foot detached garage to provide additional covered storage space at 3954 Arthur Sheet NE. Baekl~round: Section 9.104(5) of the Columbia Heights Zoning Ordinance states that no accessory structures, including attached garages, or any combination of accessory structures shall exceed 1,000 square feet in area. Section 9.104(5) also requires that no accessory structure exceed fifteen (15) feet in height, as measured to the highest point. However, the proposed ordinance would allow for accessory stycrates to be eighteen (18) feet in height. Analysis: Section 9.105(3)(d) of the Zoning Ordinance states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the roles of the zoning district." In order for a variance to be granted, hardship needs to be established. The real issue at hand is 'can the property be put to reasonable use under the controls of the ordinance?' The Council needs to determine whether a 1,200 square foot garage in addition to a current 3 stall garage at this location is a reasonable use of property, and whether or not a garage of this magnitude is appropriate for a single-family residential area. Because the applicant is allowed to build a 20 foot by 22 foot garage in addition to his current three stall garage, staff believes that a garage proposal of this size is an unreasonable use of land, and cannot recommend approval of the size variance due to lack of hardship. Several neighbors were present at the Planning Commission meeting to express concerns about this proposal, as well as some neighbors who were supportive of the variance request. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on May 1, 2001. They voted unanimously to recommend City Council denial of the 760 square foot size variance at 3954 Arthur Street NE because they felt a legitimate hardship had not been established, and the proposal was an unreasonable use of property. The Plamfmg and Zoning Commission also voted unanimously to recommend City Council approval of the three (3) foot height variance as the proposal is consistent with the newly proposed height standard of eighteen (18) feet. Recommended Motion: Move to deny the 760 square foot variance at 3954 Arthur Street NE because a legitimate hardship has not been established, and the property can be put to reasonable use under the provisions of the ordinance. Move to approve the three (3) foot height variance request at 3954 Arthur Street NE as the proposal is consistent with the newly proposed height standard of eighteen (18) feet. Attachments: Staff Report,- Completed application form; Survey; Site Plan; Narrative; and Public Notice COUNCIL ACTION: Case: 2001-0507 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE MAY 1, 2001 PUBLIC HEARING Case #: 2001-0507 Richard Abraham 3954 Arthur Street NE Columbia Heights, MN 55421 (763) 788-5309 Owner: Address: Phone: Parcel Address: 3954 Arthur Street NE Zoning: R-2, Single and Two- Family Residential Comprehensive Plan: LDR, Low Density Residential GENERAL INFORMATION Applicant: same Surrounding Zoning and Land Uses: Zoning North: R-2 South: R-2 East: R-2 West: R-2 Land Use North: Residential South: Residential East: Residential West: Residential BACKGROUND Explanation of Request: This is a request for a 760 square foot variance from garage size and a three foot variance from garage height to allow the construction of a 30 foot by 40 foot (1200 sq. ft.) eighteen (18) foot high detached garage on the property at 3954 Arthur Street NE. Section 9.104(5) of the Columbia Heights Zoning Ordinance states that no accessory structures, including attached garages, or any combination of accessory structures shall exceed 1,000 square feet in area. Currently, there is 560 square feet of attached garage space on the property (3-car garage), and an additional 1200 square feet is proposed. Section 9.104(5) of the Zoning Ordinance also requires that no accessory structure can exceed 15 feet in height, as measured to the highest point. Plans indicate that the proposed addition will be 18 feet in height which requires a 3 foot variance. As stated on the application and narrative attached, the purpose of the request is to provide additional space for auto, boat, motorcycle, and trailer parking, as well as to provide additional storage for other various items as listed in attached narrative. Case: 2001-0507 Page: 2 Case History: There are no pertinent zoning cases on the lot or in the surrounding area. ANALYSIS Surrounding Prot~ertv : The surrounding property to the north, south, east and west is zoned R-2, Single and Two-Family Residential, and is used residentially. Technical Review: Accessory structures are regulated under Section 9.104(5) of the Zoning Ordinance. Requirements are as follows. No accessory structure shall exceed the height of the principal structure or fifteen (15) feet, whichever is less - plans indicate that the proposed garage will be 18 feet to the highest point which requires a variance. However, the proposed zoning ordinance would allow for a garage height to be eighteen (18) feet. No accessory structure or combination of accessory structures shall exceed 1,000 square feet - the proposed detached garage will be 40 feet wide by 30 feet deep (1200 square feet). The existing attached garage space is 560 square feet. The cumulative square footage for accessory structures on the property will be 1,760 square feet. · Any lot over 6,500 square feet in size may have a lot coverage of up to 30% - the lot coverage will be approximately 13% which meets this requirement. However, much of the lot is unbuildable because of the L shape configuration and its use as a driveway to access the property. · Detached accessory structures must be six (6) feet or more from the principal structure - the existing detached garage is approximately 50 feet away from the principal structure · Whenever a garage is designed so that the vehicle entry door is facing a street or alley, the distance between the door and the lot line shall be 20 feet or more - this requirement is not applicable as the garage doors would face the rear of the neighbors property. · Accessory structures shall be a minimum of 3 feet inside the side and rear lot lines as approved by the Building Official - the proposed detached garage would be 6 feet from the side lot line and 15 feet from the rear lot line. State Building Code requires any residential accessory structure exceeding 1,000 square feet to be more than five feet from any property line and not to allow any openings of any kind in that five foot area, including doors, windows, etc. Section 9.105(3)(d) of the Zoning Ordinance states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." In order for a variance to be granted, hardship needs to be established. The real issue at hand is 'can this property be put to reasonable Case: 2001-0507 Page: 3 use under the controls of the ordinance?' Are the circumstances unique to the property in question in order to justify granting of this variance. As indicated in the attached narrative submitted by the applicant, the lot size is 22,000 + square feet with the proposed lot coverage at 13 % if the garage is approved. The lot coverage isn't an issue. The property is unusually large for a City lot, and does have an unusual shape, but this hardship statement isn't applicable because the shape doesn't restrict the garage proposed. The proposed garage height is eighteen (18) feet, which is consistent with the proposed zoning ordinance. However, coupled with the fact that the proposed structure is 40 feet wide by 30 feet deep; the structure will be very large in size. As mentioned above, the applicant is proposing the detached structure to create additional space for auto/boat, miscellaneous storage. The applicant has stated that he does not intend to operate any business out of the garage. However, a garage of this size could be used in the future for some type of business operation. Please note that the Zoning Ordinance requires a minimum of two off-street parking spaces for single family dwellings, one of which shall be in a garage. In addition, Section 5A.207(1)(~ of the Housing Maintenance Code states: "Outside storage of articles, equipment, construction materials, items not designed for exterior use, and miscellaneous items, including but not limited to, lawn mowers and other lawn maintenance equipment shall not be allowed." Considering that there is a three-car attached garage on the property, the parking requirement has been met without the additional garage. The additional garage will provide storage for a minimum of four additional vehicles and then some. Please also note that the applicant has obtained the adjacent property owners signatures who have evidently give their written consent to this proposal. However, I have received a number of phone calls from the public notice sent, in opposition to this proposal. As mentioned above, hardship needs to be established for a variance to be granted. Section 9.105(3)(d) of the Zoning Ordinance also states that the Commission shall hear requests for variances from the literal provisions of this Ordinance in instances where their "strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration and to recommend variances only when it is demonstrated that such action will be in keeping with the spirit and intent of this Ordinance". Section 1 of the Zoning Ordinance identifies the intent and purpose of the Ordinance. Four of the purpose statements are identified below: · protecting the public health, safety, and general welfare; · dividing the City into zones and districts restricting and regulating therein the location, height, number of stories, size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and other open spaces, and the density and distribution of population; providing adequate light, air, and convenience of access to property; and, Case: 2001-0507 Page: 4 preventing overcrowding of land and tindue 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. Staff is aware of two previous cases where a variance was granted to allow accessory structures in excess of the maximum allowed. The following briefly summarizes these cases. Case 2000-0511; Planning Commission and City Council in May 2000 approved a request for Richard Kinnan at 819 49~ Avenue NE for an eighteen foot high 864 square foot garage, with a variance of 824 square feet above the 1,000 square foot maximum allowed. However, staff had recommended denial due to lack of clear hardship and unreasonable use of the property. · Case 9807-34 was a variance of 2,072 square feet at 4015 Stinson Boulevard to allow the total square footage of all existing and proposed accessory structures on the lot to be 3,072 square feet. Unusual topography and potential loss of trees and shrubbery around the existing garage were identified as a hardship. At the time of the request, the property had the following accessory structures: One 462 square foot garage (21' x 22'); One 154 square foot shed (7' x 22'); and, a 576 square foot guest cabin. The proposal indicated a new two-level attached garage would be constructed, totaling 1,880 square feet (940 square feet per level). The applicant demonstrated that due to the topography on the lot a two story garage was necessary, or a large amount of fill would need to be brought in to elevate the main floor of the garage to the same level as the house. Also, if the existing accessory structures were required to be removed, there would be a substantial loss of existing trees and shrubbery on the subject parcel and adjacent property. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for future Low Density Residential Development. The proposal would not appear to impact the goals and objectives of the City Comprehensive Plan. However, staff has reservations about whether a garage of this size is reasonable in addition to an existing three-car attached garage. SummarV.' The positive aspects of this proposal are as follows: 1. The proposal will be built to match the house, will create additional space for auto/boat storage, and the proposal will also allow space for additional storage. The negative aspects of this proposal are as follows: 1. The proposal is in excess of the maximum square footage allowed for accessory structures. 2. The 30 foot by 40 foot structure will be as large as some surrounding homes. CONCLUSION Case: 2000-0507 Page: 5 Staff Recommendation., Staff recommends denial of the request because there does not appear to be a legitimate hardship on which to base approval of the size variance. The height variance alone is not in issue, but it certainly creates a much larger structure on a 30 X 40 foot proposal. It is staffs opinion that because minimum lot coverage and setback requirements will be met, the property would not be overcrowded, and adequate light, air, and convenient access to the property would be maintained, so the proposal seems consistent with the spirit and intent of the Ordinance. However, staff believes that the size variance requested is unreasonable and cannot recommend approval from a planning perspective. The applicant is allowed to build this garage at 20 feet by 22 feet without a variance, giving the applicant a total of five covered parking spaces. This would seem to be a much more reasonable proposal. A garage of this size in a single-family area could be considered a visual obtrusion for adjacent neighbors. Recommended Motions: Move to recommend City Council denial of the 760 square foot variance request because a legitimate hardship has not been established, and the property can be put to reasonable use under the provisions of the ordinance. Move to recommend City Council approval of the three (3) foot height variance as the proposal is consistent with the newly proposed height standard of eighteen (18) feet. Alternative Motion Recommending Approval: Move to recommend City Council approval of the three (3) foot height variance and the 760 square foot size variance at 3954 Arthur Street NE as circumstances of lot size are unique to the property in question, and the proposal is consistent with the spirit and intent of the Columbia Heights Zoning Ordinance. Attachments: · Completed application form; Survey Site Plan; Narrative; Elevation View; Neighbor's signatures; and Public Notice 1814 182418421908191219141918~ 4021 4017 4011 1701 1709 ~o.o' 4056 4046 ~ 4040 ~ 4036 ~ 4030 ~ 4020 4008 4000 4042 184219041910 4036 85 3988 / 3979 3974 ~,. 3975 3970 3971 3964 ~ 5963 3958 ~ 3947 3948 ~ ~' ~ 5941 3944 3936 ~ ~ 3937 3956 5932 ~ ~ 3953 3934 3926 ~ L/~ ~ 3929 LL~ 5930 3920 ~ U~ 5925 ~ >_ ~ 5919 5918 5916 ;, 5915 '3911 3912 5908 4028 ~4057 4055 4047 ~ 4041 e 4035 ~ 4027 ~4019 - 1821 1829 1905 ~ 4011 .4005 4OTH ,,, ; 3991 ~ 3985 3979 / [ 3973 3967 3955 ~ 39~7 ~ 3939 / *>k ' .~ 3933 ~ 3927 ~ 3923 3917 3911 4020 1911 1925 4047L~1 ~20102018 ~~ 06 ~ 4045 4040 ~ ~4035 ~ 4039 4034 ~ ~ 4029 4033 4028, ~ 4023 ~4025 4o2o ~ ~ 4015 ~ 4017401~ ~ ~ 4oo94oo8 ~ ~ 4oo7 ~ 40014000 ~ ~4001 AVE 3972 _ U~IO0 21 3966~ 3960 ~, I ~2101 21 3952 ~ ~.~. 3948, ~. 3949 3946 ~ ~ 3947, 3942 ~ 3941' 3940 ~ ~ ~ 3935, 3934 ~ ~ 3930 . 3928 ' ~ ~ 3929 3924 3922 ~ ~ 3919 3918 3916 3912 3936'~ 5908 3907 ~ o~ ~ ~ o~ 3904 . _ ,- o o ~ 1818 1825 ~o r- r- <C ~- 3901 - 9TH . . AV _ ~ ~ 3850 ~ ~ 3845 ...... 18 3845 3842 3839 3836 ~ ~ 3841 ~ 3839 S ~ 3825 3820 ~ ~ 3817 3813 ~ 3810 3808 3807 3804 3910 ~ CE: ~o 3913 3~ 's 3915 3906 Thomas Ramsde/J, Chair Ted Yehle Donna Sohrn/tt Stephart Johnson Tamera Eric~on 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, May 1 2001. The order of business is as follows: A request for a variance of 780 square feet on the size of a detached garage proposed at 3954 Arthur Street. Section 9.104(5) of the Zoning Ordinance states "For single family homes, no accessory structures, including attached garages, or any combination of accessory structures shall exceed one thousand (1,090) square feet in area". In addition, the property owner is requesting a three (3) foot variance on the height of the detached garage proposed at 3954 Arthur Street. Section 9.104(5) of the Zoning Ordinance states "No accessory structure in the "R" Districts shall exceed the height of the principal structure or fifteen (15) feet in height, as measured to the highest point, whichever is less. Private garages shall not exceed the height of the principal structure". 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 763-708-3573. 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. (TDDI706-3692 for deaf or hearing impaired only.) COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: May 14, 2001 AGENDA SECTION: NO: '7-C_,- ~ ITEM: Set Commission/Board NO: Interview Date ORIGINATING DEPARTMENT: Administration BY: Patty Muscovitz DATE: May 9, 2001 CITY MANAGER' S I Background: Five (5) applications for Commission and Board appointments have been received. Staff requests that a date and time be set to schedule the interviews. 3 applications for the Park and Recreation Commission 1 application for the Telecommunications Commission 1 application for the Human Services Commission Current vacancies are: Park and Recreation Telecommunications Human Services 1 1 2 Interviews take approximately 20 minutes. Any date that is convenient for all Council members can be arranged. Council may wish to meeting prior to the Council meeting of Monday, May 21, 2001 at 5:00 p.m., or possibly Tuesday, May 22, at 5:00 p.m., 6:00 p.m., or 7:00 p.m. Recommended Motion: Move to establish a Board and Commission Interview date of COUNCIL ACTION: OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS HUMAN SERVICES COMMISSION MINUTES WEDNESDAY, MARCH 14, 2001 CALL TO ORDER/ROLL CALL The meeting was called to order at 6:00 pm. Present were commission members Peterson, Sturdevant, and Karol. Also present were Councilmembers Wyckoff and Assistant to the City Manager Magee. APPOINT RECORDING SECRETARY FOR MEETING Magee agreed to take the minutes of the meeting. APPROVAL OF MINUTES FROM FEBRUARY 7, 2001. Motion by Karol, seconded by Sturdevant to approve the minutes from February 7, 2001 with the addition of "to be held Sunday, March 25, 2001 from 4 pm- 8 pm at Murzyn Hall" and Old Business-Discussion regarding "Taste of Heights". Roll Call: All ayes. OLD BUSINESS a. Discussion regarding "Taste of Heights'. Council member Wyekoffgave an update. She, a 14 year old high school student who is head of the multicultural club at the high school, and Khal Ismail of El Bustans participated in a cable shoot, which will be shown on Cable (Channel 16). In addition to the restaurants (Balkan Express, Sahib's, Olive Tree, E1 Busms, E1 Tequila and Dairy Queen), there will be six booths with displays/demonstrations. We can get into Murzyn Hall on the day of the event (March 25) at 2:00 pm. Restaurants will arrive starting at 2:00 pro. Tickets have been donated by the Heights Theater. Magee, Peterson, and Dempsey will sell tickets. Magee has arranged for petty cash and a lockbox. Council member Wyekoff will get layout to the Recreation Director. Lions will serve pop, and Council member Wyekoff will get orange drink from McDonalds. Magee will arrange for use of easels located at City Hall and Murzyn Hall. She will bring magic markers and flip charts. She will also get 10-15 nametags for those working the event. She will have the Reereation Director test the steam tables located at Murzyn Hall. Page 2 March 14, 2001 b. Other Old Business Humanitarian of the Year nomination forms are available at City Hall. Deadline is May 4, 2001. Announcements seeking nominations will be placed on cable, the city's website, inserted in utility bills, and sent to the Focus and Northeaster. 5. NEW BUSINESS a. EJection of New Chairperson Motion by Karol, seconded by Peterson to elect Joe Sturdevant Chairperson of the commission. All ayes. b. Future Meeting Dates of the Commission Next meeting is May 9, 2001 at 6:00 pro. c. Other New Business-None 6. ADJOURNMENT Motion by Karol, seconded by Sturdevant, to adjourn the meeting at 7:00 pro. All ayes. Respectfully submitted, Linda Magee Recording Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION APRIL 2, 2001 The meeting of the Traffic Commission was called to order at 7:00 p.m. by Chairperson Ed Carlson. I. ROLL CALL Members Present: Member Absent: II. ILl. IV. Anderson, Carl~on, Goodman, Stumpf Sturdevant StaffPresent: Kathyjean Young, Assistant City Engineer William Roddy, Police Captain APPROVAL OF DECEMBER 6, 2000 MINUTES Motion by Anderson, second by Smmpf, to approve the minutes of the December 6, 2000 meeting. Motion carried unanimously. OLD BUSINESS None OTHER OLD BUSINESS None NEW BUSINESS A. REQUEST TO INSTALL HANDICAP PARKING SPACE FOR 404 40TM AVENUE Mr. and Mrs. Robert Nelson live at 404 40tb Avenue. The Nelsons have a driveway easement across the property at 418 40th Avenue and have requested a handicap parking sign be installed for his daughter that allows a parked car to extend into the easement area. His daughter is handicapped and visits 4-6 times per month for 3-4 hours. The rear of the house is more accessible than the front of the house. Official Proceedings Columbia Heights Traffic Commission April 2, 2001 Page 2 VI. The driveway easement is a legal document between the properties at 404 and 418 40th Avenue. The document describes the restrictions for the use of the easement. The City has no authority to change the restrictions placed on the easement or to post a handicap parking sign on private property. Staff is of the opinion that the situation is between the two property owners. If a car cannot be parked completel on the Nelson's property perhaps the Nelsons could park their vehicles on 40t[Avenue when their daughter visits and park her car in the garage. Motion by Goodman, second by Stumpf, to deny the request to install a handicap parking sign on private property. Motion carried unanimously. B. REQUEST TO REVIEW TRAFFIC SPEED ON RESERVOIR BOULEVARD Council member Julieune Wyckoff and her neighbors, Tamra and Tom Smertneck of 4253 Reservoir Blvd. have requested a review of the speed on Reservoir Blvd. near 43ra Avenue. Captain Roddy discussed the results of the traffic volume and speed counts indicating that average speeds were 35 to 36 mph. However a sizeable number of vehicles were going between 40 and 50 mph. Additional enforcement and ticketing of speeding motorists has begun today. OTHER NEW BUSINESS A. REQUEST FOR SPEED CONTROL AT 41sT AVENUE AND 3P'D STREET Mr. and Mrs. Floyd Thompson of 300 41st Avenue, #104 and Adeline Christenson of 300 41st Avenue, #203 were present to discuss a recent accident where a vehicle damaged a garage and their concerns over speed control at 41st Avenue and 3ra Street. Motorists do not observe stop signs in their area. Captain Roddy explained the circumstances of the incident and stated that no signage or enforcement could prevent this type of thing from happening. Motion by Goodman, second by Anderson, to ~a~ the stop sign making motorists aware of it for 60 days beginning May 1st and ending July 1st. Motion carded unanimously. Official Proceedings Columbia Heights Traffic Commission April 2, 2001 ~, Page 3 B. REQUEST FOR HANDICAP SIGN AT 4024 2ND STREET N.E. Mr. Norbert Moe of 4024 2"~ Street N.E. has requested a handicap parking sign in front of his home. As his request came during the winter months when it isn't easy to install a sign in the ground, staff will notify the Sign Department to install it as soon as weather permits. Motion by Anderson, second by Stumpf, to install a handicap sign in front of 4024 2"a Street N.E. Motion carried unanimously. VIII. ADJOURNMENT Motion by Goodman, second by Stumpf, to adjourn the meeting at 8:00 p.m. Motion carded unanimously. Respectfully Submitted, Traffic Commission Secretary THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, APRIL 19, 2001 The meeting was called to order at 7:05 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Commission Members: Dennis Stroik, Bradley Peterson, Reuben Ruen, Ken Henke, and Dan Swee Excused Members: Bob Buboltz Council Representative: Bruce Nawrocki (arrived at 7:15 pm) City Representative: LindaMagee AT&TBroadbandRep: Kathi Donnelly-Cohen Legal Counsel: Stephen Gu72etta Also in attendance was resident Harold Hoium. APPROVAL OF MINUTES Motion by Dan Swee, seconded by Reuben Ruen, to approve the minutes from the meeting of February 15, 2001. All ayes. OLD BUSINESS A. Channel Check Channels 2-6 and 16 were fuzzy. However, it was noted that earlier in the day they were fine. B. Correspondence Log and Complaint Follow Up. #145-Hurley-Complained about a large price increase for her programming choices, as well as being limited to two converter boxes. Kathi Donnelly-Cohen sent her a letter explaining that she should choose a programming package that best suits her needs, as she is paying for several premium channels on an ala carte basis at the present time. This is a costly way of subscribing to services. She also recently added High Speed Data Service which increased the cost. Converters for digital services are being limited to two per household due to the high demand for this newly offered service. Additional converters should be available shortly for those who wish to have them. Fathi enclosed a copy of her account ledger and also a price list for the packages currently available. Ms. Hurley will need to contact AT & T Broadband with her choices. So far she hasn't contacted AT & T Broadband to make any changes. #146-George Marko-Called to get his service re-installed on April 2~. He was told it would be April 11th before it could be done. He thought this was an unreasonable length of time. Kathi Donnelly-Cohen reported that his re-install was completed on April 9m'however, the customer was not home at the time. C. Franchise Fee Analysis Update AT & T has submitted their response regarding the findings of the Analysis done. Asplund and Skokol has since then responded to them again, reiterating the fact that they owe money to Maplewood based on the findings in the report. Maplewood is considering how to proceed from here and if they will pursue the amount the report says is due them. Other cities have expressed their supp,,a of Maplewood and may also pursue compensation based on the way the franchise fees were figured. TELECOMMLrNICATIONS MEETING MINUTES OF APRIL 19, 2001 PAGE 2 D. Status of Wide Open West Franchise Steve Guzzetta reported that he spoke with a representative from Wide Open West about three weeks ago. They are formally withdrawing their application and have requested the balance of their deposit be returned to them. There is about ¼ of the original mount remaining, and this refund is being processed. E. Status of Everest Connection Corp. Franchise Notice was received from Utilicorp Communications Services, the major investor in Everest Connections Corporation, stating they would be postponing expansion in the Minneapolis/St. Paul area. The test for their business model is taking place in the Kansas City Metropolitan Area. This will give them concrete evidence that their business model is viable and that they would be able to fulfill contractual obligations if they decide to expand to other areas. The City will be refunding whatever amount is left to them also and if they choose to proceed at a later time, they will need to re-apply. F. Other Old Business There was no other old business. NEW BUSINESS A. Receipt of the Annual Report for 2000 The Annual Report was received and enclosed in the agenda packets. Linda stated she had been in contact with Kathi Donnelly-Cohen regarding the letter from AT & T Broadband's Controller stating what the revenues of the company were. Last year a letter from an auditor verified these figures. She felt that an auditor should verify the figures listed for 2000 also. Steve Guzzetta noted that Form 395 (EEO Report) referred to Exhibit B that was not there. The Subscriber Contract is illegible and the community television guidelines need proofing. Linda Magee recommended tabling the acceptance of the Annual Report until these items are addressed and the Revenue amounts are verified by an Auditor. B. Notice of Rate Increase Effective July 1, 2001. Notice was received February 16, 2001 regarding price increases effective July l, 2001. This price increase is to Basic Service, equipment, and installation rates. The City will need to review and approve the 1240 and 1205 rate filings. The review will be done in conjunction with other cities as has been done in the past. Bruce Nawrocki expressed his opinion that since this industry was de-regulated, he feels it has given the cable companies a license to steal, so to speak. He feels subscribers are being overcharged and all the price increases are not justified. TELECOMMUNICATIONS COMMISSION MINUTES OF APRIL 19, 2001 PAGE 3 REPORTS A. Conversion of Billing System to CSG/Billing Format Changes AT & T Broadband is converting their billing system to another program that will simplify the bills and make it easier for tracking and assigning work orders for each subscriber. An explanation of the new format will be enclosed with the next billing. The franchising authority's phone number on the bills will also be system specific, which will help subscribers reach the proper person if they have concerns. Resignation of Public Access Employee We were informed that Edward Harris has resigned his position with AT & T Broadband. He was one of the two technicians assigned to the Columbia Heights Studio to help us with local origination programming. Linda Magee questioned the status of his replacement. Kathi Donnelly-Cohen reported they will be offering his position to someone they have in mind shortly. Other New Business Reuben stated that since NASA programming is easy to insert, and Channel 96 is a duplication of BRAVO, it should be inserted there. Kathi Donnelly-Cohen responded that Channel 96 is a digital channel and not really reserved for BRAVO programming, so it will not be inserted there. She again reiterated that NASA programming could be inserted on an access channel out of Roseville if that is the Commission's desire. Steve Guzzetta reported there was a meeting of the Cable Administrators a week ago and that they discussed customer service standards. The group is concerned that AT & T has not been meeting the customer service standards as required. This issue needs to be looked at closer. Dennis invited anyone interested to attend the Mayor's Prayer Breakfast on May 15th. Anyone wishing to attend should contact either Linda Magee or Carole Blowers. There was a short discussion regarding Channel 95. Channel 95 is being utilized as a security channel for apartment buildings that wish to have their security cameras connected to for their video feed. There is an initial charge for the filter to allow this service. Report of Commissioners Educational-Nothing to report Government- Nothing to report Library-Nothing to report Public-Nothing to report Report of AT & T Broadband- A discussion took place regarding the automated phone answering system AT & T Broadband is using. There was a question regarding whether or not you can "0" out to a customer service representative, and the length of time it takes to do so. TELECOMMUNICATIONS COMMISSION MINUTES OF APRIL 19, 2001 PAGE 4 Report of the Cable Attorney Steve G-zzetta stated there is a rumor that if AT & T divests itself of some of its businesses, the cable services portion may be bought by another large entity such as Comcast. A Press Release was received April 17th regarding a lawsuit by a city in Pennsylvania that was suing AT & T and Comcast. Comcast transferred its ~'anchise to AT & T after the City said no to such a transfer. The City doesn't trust either company after this move and has asked that a trustee be appointed while they are going through the franchising renewal process. Steve reported on a Santa Cruz, Califomia case. Many of the decisions regarding this case were bad for ~'anchising authorities. Some of the findings indicated that the 394 Form must be found incorrect within 30 days, and if a 5% fi'anchise fee is charged, then the franchising authority cannot charge the cable company with the transfer fee expenses. However, he pointed out that the judge determined that the fi'anchising authority may look at more than just the legal, technical, and financial qualifications of the company. Although the findings of this lawsuit are not applicable here, the case could be cited during future franchise renewals, especially if federal law was the basis for the j udge's decision. The Kelly bill and the Administrative bill are both dead in this legislative session. Report of the Assistant to the City Manager Linda Magee had nothing further to report. Motion by Ken Henke, seconded by Brad Peterson, to adjourn the meeting at 7:55 pm. Respectfully submitted, Shelley Hans;i~~' Secretary All ayes. CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 ~'sit Our Website at: www. ci. columbia~heights. mn. us PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES May 1, 2001 MEMBERS Tom Reedell, Chair aenl~a Sdlmitt Ted Yahb Stephe Johnson TaMs Ericsen The May 1, 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 April 3, 2001 as presented in writing. Voice Vote: All Ayes. Motion passed. NEW BUSINESS: Public Hearing Variances Case #2001-0507 Richard L. Abraham 3954 Arthur St. N.E. Columbia Heights, Mn. Planner Johnson presented the request Richard Abraham for a 760 square foot variance from garage size and a three foot variance from garage height to allow the construction of a 30 foot by 40 foot (1200 sq. ft.) eighteen (18) foot high detached garage on the property at 3954 Arthur Street NE. Section 9.104(5) of the Columbia Heights Zoning Ordinance states that no accessory structures, including attached garages, or any combination of accessory structures shall exceed 1,000 square feet in area. He added that currently, there is 560 square feet of attached garage space on the property (3-car garage) with an additional 1200 square feet proposed. Section 9.104(5) of the Zoning Ordinance also requires that no accessory structure can exceed 15 feet in height, as measured to the highest point. The plans indicate that the proposed addition will be 18 feet in height which requires a three (3} foot variance. He directed the Commission's attention to the application and narrative enclosed in the agenda which stated that the purpose of the request is to provide additional space for auto, boat, motorcycle, and trailer parking, as well as to provide additional storage for other various items. Planner Johnson informed the Commission that the surrounding property to the north, south, east and west is zoned R-2, Single and Two-Family Residential, and is used residentially. He informed the Commission that accessory structures are regulated under Section 9.104(5) of the Zoning Ordinance with requirements as follows: No accessory structure shall exceed the height of the principal structure or fifteen (15) feet, whichever is less. The plans indicate that the proposed garage will he 18 feet to the highest point which requires a THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF ~SABILITY IN EMPLOYMENT OR THE F~ROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MAY 1, 2001 PAGE 2 variance. He added that the proposed zoning ordinance would allow for a garage height to be eighteen (18) feet, No accessory structure or combination of accessory structures shall exceed 1,000 square feet. The proposed detached garage will be 40 feet wide by 30 feet deep for a total of 1200 square feet. The existing attached garage space is 500 square feet, The cumulative square footage for accessory structures on the property will be 1,760 square feet.. Any lot over 6,500 square feet in size may have a let coverage of up to 30%. The lot coverage will be approximately 13% which meets this requirement. However, much of the lot is unbuildable because of the 'L" shape configuration and its use as a driveway to access the property. Detached accessory structures must be six (6) feet or more from the principal structure. The existing detached garage is approximately 50 feet away from the principal structure. Whenever a garage is designed so that the vehicle entry door is facing a street or alley, the distance between the door and the lot line shall be 20 feet or more. This requirement is not applicable as the garage doors would face the rear of the neighbors property. Accessory structures shall be a minimum of three (3) feet inside the side and rear lot lines as approved by the Building Official. The proposed detached garage would be six {6) feet from the side lot line and15 feet from the rear lot line. State Building Code requires any residential accessory structure exceeding 1,000 square feet to be more than five feet from any property line and not to allow any openings of any kind in that five foot area, including doors, windows, etc. Planner Johnson reminded the Commission that Section 9. 105(3)(d) of the Zoning Ordinance states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or whereby reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." In order for a variance to be granted, hardship needs to be established. He stated that the real issue at hand is "'can this property be put to reasonable use under the controls of the ordinance?" and "Are the circumstances unique to the property in question in order to justify granting of this variance?" As indicated in the attached narrative submitted by the applicant, the lot size is 22,000 plus square feet with the proposed lot coverage at 13% if the garage is approved. He stated that the lot coverage isn't an issue. The property is unusually large far a City lot, and does have an unusual shape, but this hardship statement isn't applicable because the shape doesn't restrict the garage proposed. The proposed garage height is eighteen {I 8) PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MAY 1, 2001 PAGE 3 feet, which is consistent with the proposed zoning ordinance. However, coupled with the fact that the proposed structure is 40 feet wide by 30 feet deep; the structure will be very large in size. Planner Johnson again stated that the applicant is proposing the detached structure to create additional space for auto/boat, miscellaneous storage. The applicant has stated that he does not intend to operate any business out of the garage. However, a garage of this size could be used in the future for some type of business operation. He noted that the Zoning Ordinance requires a minimum of two off-street parking spaces for single family dwellings, one of which shall be in a garage. In addition, Section 5A.207(l J(f) of the Housing Maintenance Code states: 'Outside storage of articles, equipment, construction materials, items not designed for exterior use, and miscellaneous items, including but not limited to, lawn mowers and other lawn maintenance equipment shall not be allowed." He added that considering that there is a three-car attached garage on the property, the parking requirement has been met without the additional garage. The additional garage will provide storage for a minimum of four additional vehicles and then some. He further noted that the applicant has obtained the adjacent property owners signatures who have evidently given their written consent to this proposal However, he stated that he has received a number of phone calls generated from the public hearing notice mailed, in opposition to this proposal. Planner Johnson stated that, as previously mentioned, hardship needs to be established for a variance to be granted. Section 9.105(3){d) of the Zoning Ordinance also states that the Commission shall hear requests for variances from the literal provisions of this Ordinance in instances where their "strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration and to recommend variances only when it is demonstrated that such action will be in keeping with the spirit and intent of this Ordinance". Section 1 of the Zoning Ordinance identifies the intent and purpose of the Ordinance. Four of the purpose statements are as identified below: protecting the public health, safety, and general welfare; dividing the City into zones and districts restricting and regulating therein the location, height, number of stories, size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and other open spaces, and the density and distribution of population; · providing adequate light, air, and convenience of access to property; and, preventing 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. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MAY 1, 2001 PAGE 4 Johnson stated that Staff is aware of two previous cases where a variance was granted to allow accessory structures in excess of the maximum allowed. The following briefly summarizes these cases. In May of 2000 the Planning Commission and City Council approved a request for Richard Kinnan at 819 N.E. 49tk Avenue for an eighteen foot high 864 square foot garage, with a variance of 824 square feet above the 1,000 square foot maximum allowed. However, staff had recommended denial due to lack of clear hardship and unreasonable use of the property. In July of 1998 a variance was approved of 2,072 square feet at 4015 Stinson Boulevard to allow the total square footage of all existing and proposed accessory structures on the lot to be 3,072 square feet. Unusual topography and potential loss of trees and shrubbery around the existing garage were identified as a hardship. At the time of the request, the property had the following accessory structures: One 462 square foot garage (21' x 22'); One 154 square foot shed (7' x 22'); and, a 576 sq~lare foot .quest cab/n. The proposal indicated a new two-level attached garage would be constructed, totaling 1,880 square feet (940 square feet per level). The applicant demonstrated that due to the topography on the lot a two story garage was necessary, or a large amount of fill would need to be brought in to elevate the main floor of the garage to the same level as the house. Also, if the existing accessory structures were required to be removed, there would be a substantial loss of existing trees and shrubbery on the subject parcel and adjacent property. Planner Johnson stated that the City Comprehensive Plan designates this area for future Low Density Residential Development. The proposal would not appear to impact the goals and objectives of the City Comprehensive Plan. However, he added that staff has reservations about whether a garage of this size is masonable in addition to an existing three-car attached garage. He added that Staff recommends denial of the request because there does not appear to be a legitimate hardship on which to base approval of the size variance. The height variance alone is not in issue, but it certainly creates a much larger structure on a 30 X 40 foot proposal. It is staff's opinion that because minimum lot coverage and setback requirements will be met, the property would not be overcrowded, and adequate light, air, and convenient access to the property would be maintained, therefore, the proposal seems consistent with the spirit and intent of the Ordinance. However, staff believes that the size variance requested is unreasonable and cannot recommend approval from a planning perspective. The applicant is allowed to build this garage at 20 feet by 22 feet without a variance, giving the applicant a total of five covered parking spaces. It was his opinion that this would seem to be a much more reasonable proposal. In addition, a garage of this size in a single-family area could be considered a visual obtrusion for adjacent neighbors. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MAY 1, 2001 PAGE 5 Chairperson Ramsdell opened the public hearing. Ellen Zimmerman of 1916 N.E. 40'" Avenue was present as she lives behind the property in question. She stated that when she purchased the property, she really liked all the trees on the adjacent property and was disappointed when the current owners removed many of the trees to build their home. She added that the proposed structure does not affect her as much as it does others in the area, however, her main concern is that her visibility will be obstructed by the height and size of the proposed structure. She could not understand why the owner brought in so much fill to raise the grade of the area instead of leveling off the lot in preparation to build his proposed garage. It was her opinion that this proposed structure would not fit in with the rest of the neighborhood and would change the neighborhood forever. She added that the current garage of the Abraham's is full of "stuff" and not used to park cars at all. Virginia Kindy of 3952 Arthur Street was present and stated that she lives south of the lot in question and she, too, has enjoyed the trees and animals. She added that there are still a lot of trees left and has no objection to the proposed structure. Marcia Sutton of 19908 N.E. 40th Avenue was present to state that her property abuts the mar of the Abraham's lot and that the proposed building will obstruct all her view. Mildred Myhre of 1902 N.E. 40th Avenue also lives behind the Abraham's lot strongly objected to the height and size of the structure as it would not fit into the neighborhood and also block her view. Jon Weber of 3946 Arthur Street stated that he had no objection to the proposal. Wally Goetz of 3956 Arthur Street offered no objection to the proposal. He added that there is a lot of things laying in the yard that could be stored in the proposed building which would clean up the yard. Richard Abraham of 3954 Arthur Street, owner of the property in question, was present to address the concerns of the neighbors. He stated that it is his intention to plant trees around the proposed building to screen it and to replace some of the trees removed for the construction of the house and garage. He has already planted 21 trees of differing varieties as well as plants and bushes and intends on planting more in the future. He brought in the fill around a natural rise in the rear of the property to level it out for the proposed construction. Chairperson Ramsdell closed the public hearing. He stated that the 760 square foot variance is quit large as Mr. Abraham could construct a 20'x22' garage without a variance. He explained that State Statute requires an undue hardship in order for the Planning and Zoning Commission to approve the variance. He stated that after visiting the site, he would have a tough time approving the variance due to the size of the request and lack of hardship. He further explained that the Planning and Zoning Commission is a recommending body to the City Council and that PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MAY 1, 2001 PAGE 6 the City Council has the final say in such matters. He informed Mr. Abraham that if approved, there would be conditions attached such as sodding the yard and paving the driveway and all areas whom vehicles are intended to be parked. Commissioner Ericson stated that the City's Zoning Ordinance is pretty liberal in what is allowed. She asked what Mr. Abraham's justification would be for allowing the variance as by requesting a variance, he is telling the Commission that his property cannot be reasonably used without the variance. She added that personal possessions or financial need cannot be considered a hardship. Mr. Abraham stated that he shares his driveway with an adjacent neighbor who has an easement and that his three car attached garage is too small as he has an old car, camper, boat, canoe, 3 bikes, truck and other items that he wants to get inside and out of the yard. He presented a list of signatures from adjacent property owners who did not object to the proposal. Chairperson Ramsdell stated that he visited the site with Planner Johnson and felt that an area in front of the attached garage would accommodate two cars. Commissioner Yehle stated that sometimes people have just too much belongings and have to pare down or store off site. He added that he had to sell an antique car he owned because he did not have room on his lot to store it and didn't want to have to store it off site. Commissioner Johnson stated that, as a realtor, he finds that most people like openness and trees, and the proposed size and height of the proposed building could affect property values and sales. He explained that they look at the features of the neighboring properties as well as what is in the yard. It was his opinion that the proposed garage is too large for the neighborhoods in this city, a smaller garage would be more beneficial. In addition, no hardship has been identified in his mind to recommend approval of the variance. Commissioner Schmitt agreed that the size of the garage would not fit into the residential character of the surrounding neighborhood. Motion by Yehle, seconded by Johnson, to recommend to the City Council the denial of the 760 square foot variance request because a legitimate hardship has not been established, and the property can be put to reasonable use under the provisions of the ordinance. Voice Vote: All Ayes. Motion passed. Motion by Yehle, seconded by Johnson, to recommend to the City Council the approval of the three (3) foot height variance as the pr~p~sai is c~nsistent with the new~y pr~p~sed height standard ~f eighteen (18~ feet. Voice Vote: All Ayes. Motion passed. PLANNING AND ZONING COMMISSIOIN REGULAR MEETING - MINUTES MAY 1, 2001 PAGE 7 **THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA OF MAY 14, 2001. B. Site Plan Review Case #2001-0508 PMJ Group, Inc. RE: 4301 N.E. 3'~ St. Planner Johnson presented the request of Mike Juaire representing PMJ Group, Inc. for site. plan approval to permit construction of a four unit rental townhouse building at 4301 N. E. 3d Street. The submitted plans show a building footprint of 70 feet by 42 feet which includes 1,245 square feet of living space for units 1 and 2, and 1,295 square feet of living space for units 3 and 4. Each unit includes two bedrooms, and furnished appliances. He directed the Commission's attention to an attached narrative describing the proposed project as well as elevation drawings, and floor plans for these four, two level townhouse units. He added that this property has been vacant for an extended period of time and the PMJ Group has purchased the property which measures 110 feet by 110 fee end intends to build a new four-plex similar to the 4-plexes formerly approved on 44tk and University Avenue. He added that the surrounding property on the north, south, and west is zoned R-3 (Multi-Family District) and is used residentjolly while property to the east is University Avenue. Planner Johnson stated that the proposal is a permitted use in the R-3, Multi-Family, District of the Zoning Ordinance as noted in Section 9.109(1)(b), which states that "multiple family buildings [are permitted uses] subject to the lot area per family provisions of Section 9.109(4}(5). He informed the Commission that the revised proposal meets and exceeds the minimum yard and density requirements of the Zoning Ordinance as follows: Lot Width shall be at least 80 feet. The subject parcel exceeds this requirement with a lot width of 110 feet. Minimum lot area shall be at least lO,OOO squam feet. Subject parcel exceeds this requirement with 12,188 square feet. Total lot coverage of the primary building and accessory structures is 30%. · Front Yard Setback shall be 30 feet. The building proposed is at the minimum 30 foot setback. The Side Yard Setback shall be 10 feet. The proposal will exceed this requirement with 20 foot setbacks from both property lines. · Rear Yard Setback shall be 20 feet. The subject parcel exceeds this requirement with a 38 foot setback. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MAY 1, 2001 PAGE 8 The front fa~;ade area as recommended in the proposed ordinance requires a minimum of 20% of the front fa,cade area facing a street to be doors or windows in residential areas. This proposal covers 21% of the front facade area, meeting the requirements of the proposed ordinance. He informed the Commission that the parking requirements will be met as each unit includes a two-stall garage which is 20 ft. by 20 ft. This is the minimum recommended size for a two stall garage. The proposal includes two units, each with a two-car attached garage, and two units each with a two-car detached garage. He stated that the new Comprehensive Plan designates this area as medium and high density residential me. king this residential 4- plex proposal consistent with the surrounding residential area and consistent with the City Comprehensive Plan. Mr. Juare was present to explain that it will be necessary that some of the trees at the rear of the lot be removed to accommodate the detached garage and green space. It will also be necessary to construct a retaining wall in the rear yard due to the change of grade of approximately 10% from the front curb to the rear property line adding that he will be removing about 5,000 yards of soil. He intends to attempt saving some of the trees at the site but it is questionable how many. He will also be installing drainage swales between properties to contain runoff. Planner Johnson stated that the removal of the soil and grade of the proposed construction be required to be reviewed and approved by the City's Public Works Department. Commissioner Ericson commended Mr. Juaire on the visual aesthetics of the proposed structure with the additional windows in the front of the building. The Commissioners concurred. Motion by Ramsdell, second by Yehle, to approve the site plan request to allow a 70 ft. by 42 foot, four-unit rental townhouse building at 4301 N.E. 3'd Street in the R-3 Multi-Family District subject to review and approval by the City Engineering Department due to the amount of soil that will be removed from the site. Voice Vote: All Ayes, Motion passed. Staff Reports: Planner Johnson stated that there was no staff report for this meeting. Chairperson Ramsdell commented on the seminar he and fellow Commissioners attended stating that it was very informative, provided good information pertaining to their job as Commissioners and was money well spent for the City. He added that the presentation was easy to understand and he learned a lot. He felt that it was also a good opportunity bringing the Commissioners together for a common goal. The other Commissioners concurred adding that it would be a good annual learning experience and refresher course that addressed issues they have been laboring over especiagy with the new Zoning and Development Ordinance. Commissioner Yehle added that legal issues were addressed as well as the hardship issues. They all were very enthusiastic about the seminar. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MAY 1, 2001 PAGE 9 Motion by Yehle, seconded by Johnson, to adjourn the meeting at 8:20 p.m. Voice Vote: All Ayes. Motion passed. Kathryn Pepin Secretary to the Planning and Zoning Commission kp COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES May 1, 2001 The meeting was called to order by Chair, Barbara Miller at 7:04 p.m. Those present were Patricia Sowada, Nancy Hoium, Catherine Vesley, Julienne Wyckoff, Barbara Miller, and Becky Loader. The Board welcomed Bobby Williams to the meeting as a guest. It was moved, seconded, and passed to approve the minutes of the March 6, meeting as mailed. It was moved, seconded, and passed to approve the minutes of the April 3, meeting as mailed. It was moved, seconded, and passed to ratify the phone poll bill list of April 9, 2001. The bill list of May 14, 2001, was reviewed. It was noted that there was no telecommunications bill for this quarter. The RLTA money received through MELSA covered those costs this quarter and will also cover a portion of the cost for the next quarter. It was moved, seconded and passed that they be paid. The accounting was reviewed. Special guest, Bobby Williams, was introduced. A dialogue between Board members and Mr. Williams centered on fundraisingandpossibleideasthatcouldbeusedforfundinganewlibrarybuilding. BoardMembersstressedthe point that they were willing to do fund raising, but first a commitment has to be made by the City Council and a plan has to be in place. Mr. Willjams spoke about how he has raised funds in the past for different projects, and about the necessity of building excitement in the community. City Council members have approached business owners in the 3800 block of Central Avenue about being a possible site and all were willing to consider negotiating alternative possibilities. Bob Ruettimann has been asked to chair a task force to set up a citizen group about a new library. Catherine Vesley expressed an interest in being a part of the task force or citizen group. Mr. Willjams said that he would talk to the City Attorney, Jim HoefI, in order to clear up some questions about legalities concerning public property and fund raising efforts. He will report his findings back to Becky. The Board Members thanked Mr. Williams for his time, and he left the meeting. Old Business: 1. The Automation Contract between Anoka County Library and the Columbia Heights Public Library was passed by the City Council on February 26. This contract was then taken to the Anoka County Library Board and was passed there also. 2. There are currently three new pages being trained. They will be tested next week. They will be assigned hours using the current schedule for three weeks, and then there will be a page meeting to negotiate summer schedule. The library will be recruiting during the month of May to replace graduating seniors. Training of successful candidates will take place in June. Funding has been approved through CHASE and a 21st Century Grant, through the school district, for summer programming. There will be just one program involved, Libra, which is the teen reading program. Alicia Andrews will once again be hired to work on the project. Internet filtering information was reviewed and discussed. ALA and the Civil Liberties Union have both filed suit against the Internet Filtering Law that was passed. The Board will be kept informed of developments. The guidelines for the Gates Grant were reviewed. In order to qualify your community needs to have a 10% poverty level, Columbia Heights is at 8.27%. This would mean that we could only apply to purchase equipment and are not eligible for grant money. Tax season is over. There was considerable difficulty with the State not priming enough forms for distribution. The Capital Improvement Plan was discussed. This has been tabled for several months. After some discussion the Board voted to go ahead and draft a plan to be discussed next month. New Business: 1. The State version of the annual report was reviewed. The Jamboree parade will be on June 22. The Board voted to participate in the parade again this year. Board Members were updated on ideas that staff has been discussing. A flatbed is available for participants to ride on, and those riding would wear storybook character costumes. Further discussion and details will be covered at the Jane Board meeting. New Clerk, Lee Johnston, started on April 16. She tendered her resignation on April 27, effective that day. Becky has met with Linda to determine what the next step would be to fill the position. After reviewing the other candidates, this position will need to be re-advertised. The ad will be in Sunday's paper. Interviews will be scheduled for May 30th. The west wall in the Children's Department sustained water damage. The alley needs to be repaired so that water will drain away from the building. This project will be completed by Public Works this summer. 5. New cleaners started on March 20. 6. National Library Week was April 1 through April 7. The Heights Theatre benefit netted $630.00, which was deposited into the Library account for Childmn's programming. 7. Crossover statistics of January, February, and March were reviewed. 8. Linking Library Trustees article was reviewed. 9. The possibility of changing the date of the July 3rd meeting was discussed. Board members will decide on this issue at the June meeting. 10. The list of gifts from the Friends of the Library was reviewed. All items have been received except for the preservation items, which due to high shipping costs will not be purchased at this time. II. 12. 13. 14. 15. 16. 17. 18. On April 4, water was discovered in the activity room closet. A back flow valve on the sump pump malfunctioned. Public Works was able to replace the part and make the repair. April 23 water came in the building through the front wall. The ground was saturated and the exterior drain at the front of the building could not disperse the water it collected. No materials were lost and the carpeting although wet was not stained. Public Works will work on the drain and the wall to repair missing mortar between the blocks this summer. Applications for Humanitarian of the Year are needed. The Board was thanked for providing muffins for staff during Staff Appreciation Week. An article about Irene Parsons and Columbia Heights from the Anoka County Union was shared with the Board. The Mayor's Prayer Breakfast will be held on May 15. The cost is $1 5.00/person. Anyone interested in attending should contact City Hall. A Trustee Membership in MLA will be applied for. Mary Kloss will be having knee surgery on June 6. She will be on leave for at least 6 to 8 weeks. Evening Supervisors have agreed to help fill in by working some daytime hours. There being no further business the meeting was adjourned at 9:05 p.m. Respectfully submitted, The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, itsservices, 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.