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Home My WebLink AboutJune 6, 2000CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-280~ ~ PLEASE NOTE: CITY HALL PHONE NUMBERS HAVE CHANGED. NEW NUMBERS ARE: MAIN NUMBER (763)706-3600; TDD (763)706-3691 MEMBERS Tom Ramsdell, Chair Kevin Hanson Ted Yehle Stephen Johnson Daniel Shattuck PLANNING AND ZONING COMMISSION REGULAR MEETING 7:00 P.M. TUESDAY, JUNE 6, 2000 CITY COUNCIL CHAMBERS 590 N.E. 40TH AVENUE Call to Order. Roll Call. Minutes: A. From the regular meeting of May 2, 2000, as presented in writing. B. From the special meeting of May 9, 2000, as presented in writing. NEW BUSINESS: A. Public Hearing Conditional Use Permit Case #2000-0612 B. Public Hearing Conditional Use Permit Case #2000-0613 C. Public Hearing Conditional Use Permit Case #2000-0614 Owner: Mike Salem (Cairo Grill) Re: 4923 Central Ave. NE Columbia Heights, MN Lois Alberto Rojas-Ledesma Re: 3800 Central Ave. NE Columbia Heights, MN St. Matthew's Lutheran Church Re: 4101 Washington Ave. NE Columbia Heights, MN Public Hearing Site PlanNariance Case #2000-0615 Dairy Queen Re: 3959 Central Ave. NE Columbia Heights, MN Public Hearing Site PlanNariance Case # 2000-0616 OLD BUSINESS: None. Heights Theater Re: 3951 Central Ave. NE Columbia Heights, MN Staff Reports. A. Telecommunications Commission recommendations regarding moratorium and towers/antennas section of the proposed Zoning Ordinance. B. Set July meeting date. 7. Adjourn. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Case: 2000-0612 Page: 1 Case #: Owner: Address: STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE 2000-0612 JUNE 6, 2000 PUBLIC HEARING Bresler Realty Co. of Minn. Affiliated Realty 1720 W. Algonquin Rd. Mount Prospect, Illinois 60056 GENERAL INFORMATION Applicant: Phone: Parcel Address: 4923 Central Avenue NE Zoning: RB, Retail Business Comprehensive Plan: C - Commercial Am Ro 4750 Central Ave. NE, #34 Hilltop, MN (763) 819-6717 Surrounding Zoning and Land Uses: Zoning North: RB South: RB East: R-2 West: RB Land Use North: Commercial South: Commercial East: Residential West: Commercial BACKGROUND Explanation of Request: The applicant requests a Conditional Use Permit to open a deli/grill restaurant in the vacant tenant space at 4923 Cemral Avenue NE. The deli/grill will be called Cairo Grill. Information on the menu items and hours of operation have not been requested of the applicant. They are proposing 36 seats for dining. Case Histo~_ : The original applicant contractor was Abuzant-Houston Construction. This has changed to Amro Amro Contracting. As a multi-tenant building there have been several cases associated with this site addressed from 4915 - 4945 Central Ave. N.E. Case #8708-62 was a request for a sign variance; Case #8903-05 was an appeal of administrative denial which resulted in an ordinance Case: 2000-0612 Page: 2 amendment; and Case numbers 8304-13, 8411-52, 8606-28, and 8610-72 were Conditional Use Permit and/or Site Plan approvals for tenant uses. This operation is affiliated with the Jerusalem Market at 4945 Central within the same building. The space is vacant from the previous retail use. ANALYSIS Surrounding ProperS: The surrounding property on the north, south, and west is zoned RB, Retail Business and is used commercially. The property to the east is zoned R-2, Single and Two Family Residential and is used residentially. Technical Review: According to Section 9.113(2) of the Zoning Ordinance, a Conditional Use Permit will be required if the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). The applicant is not proposing any physical changes to the site, or exterior structural changes to the building. However, there will be kitchen equipment, sinks, shelving, refrigerator, exhaust hood, display case and counters installed inside the building. They also plan to modify the double door entry and construct a unisex bathroom that will be accessible to the disabled. A seating area will be included with nine tables of four chairs each for total seating for 36 persons. These improvements are subject to review and approval by the Building Official, Fire Department, and Anoka County Health Department. Minimum Yard and Density Requirements are as follows: · Lot Width shall be at least 50 feet - subject parcel is 135 feet wide; · Lot Area shall be at least 6,000 square feet - subject parcel is 33,075 square feet; · Front Yard Setback shall be 15 feet - existing structure meets this requirement; · There shall be at least one 10 foot side yard, the other side yard can be zero feet - the existing building meets this requirement; · Rear Yard Setback shall be 30 feet - existing building setback is 15 feet which is a legal, nonconforming use; · The floor area ratio shall not exceed 1.0 - the property has a floor area ratio of approximately .036 which meets this requirement; · Need minimum frontage of 40 feet - subject parcel has 241 feet of frontage along Central Avenue. Parking requirements for a restaurant are at least one space for each three seats based on capacity design. According to the floor plan, there are 36 seats in the restaurant which requires 12 parking spaces. The site plan indicates that there are 38 parking spaces on-site, two of which are handicap-accessible. Note that the existing parking lot meets the parking demand experienced by the current tenants. The minimum requirements of the Zoning Ordinance cannot be determined Case: 2000-0612 Page: 3 based upon the information provided by the applicant for the floor plan layout of the site. Staff will require as a condition of approval that a revised floor plan for the building be provided prior to the issuance of a building permit. Solid waste material is required to be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. Another screening requirement is that when any business is adjacent to a residential use, that business shall provide screening along the boundary of the residential property. Screening can be accomplished by a privacy fence that is not less than 50% opaque, or it can be accomplished by providing plantings along the residential property. Staff will recommend as a condition of approval that screening comply with the ordinance requirements. Staff has not seen any information pertaining to signage. Note that the current building does not comply with the signage section of the City Code as there is no address for the Jerusalem Market on the building. Staff will recommend as a condition of approval that the address and other signs comply with the City Code. Compliance with Ci_ty Comprehensive Plan: The City Comprehensive Plan designates this area for future Commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the rehabilitation of existing development land in the City. The proposal will not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing, vacant tenant space in the building, so the proposal is consistent with the City Comprehensive Plan. SummarF: The positive aspects of this proposal are as follows: 1. The proposal is consistent with the City Comprehensive Plan. 2. Cairo Grill will provide an appropriate reuse of the tenant space in the building. The negative aspects of this proposal are as follows: 1. There do not appear to be any negative aspects to this proposal provided the applicant complies with the recommended conditions. CONCLUSION Staff Recommemtation: Staff recommends approval of the Conditional Use Permit to allow the operation of the Cairo Grill in the Retail Business Zoning District at 4923 Central Avenue N.E, subject to the conditions listed in the recommended motion. Case: 2000-0612 Page: 4 Recornmended Motion: Move to recommend City Council approval of the Conditional Use Permit to allow the operation of the Cairo Grill in the Retail Business Zoning District at 4923 Central Avenue NE, subject to the following conditions: 1. All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, and health department regulations will be met and in full compliance; 2. The screening requirements of the Zoning Ordinance for fencing and dumpster enclosure shall be in compliance; 3. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; 4. The Jerusalem Market address sign shall be installed to comply with the minimum City Code requirements; 5. A revised floor plan of the building showing tenant spaces by size and uses shall be provided to calculate parking requirements prior to issuance of a building permit(s); and 6. Hours of operation shall be confined to the period from 10:00 a.m. and 1:00 a.m. Attachments: · Area Map, Completed Application Form; Existing Site Plans; Existing Floor Plans; and, Public Notice b.J Z ~u~ 210.0' 51ST 5055 COURT 1095 1100 5065 1090 1069 1074 5050 2~.o, 5025 1065 1061 1057 1051 5045 ~ 1070 5020 ~ lO6O 5OlO !1085 1101 5000~' 90.0' 90.0' 90.0' 5075 5065 5055 5001 4955 1000 ~ 4924 4915 4920 4918 4911 4916 4912 4901 4906 4900 4849 999 ;~'~'7,o,o/ .... / .~...o...~, ..~...~...~..~, , ~955 ~ / , / , I , I I I I I I I I / LINCOLN 80.3' 80.0' 80.0' 80.0' 80,0' 80.0' 80.0' 80.0' 80.0' 80,0' 80.0' 80.0' ~1000 1020 104.0 1060 1100 1120 1140 1160 1180 1200 1220 124( 001 1021 1041 4061 1101 1121 1131 11511161 1171 1201 1221 49TH Application Pot. CITY OF COLUMBIA HEIGHTS Rezoning Variance Privacy Pence Conditional Use Permit Subdivision Approval Site Plan Approval Other Street Address of Subject Property: R E C E IV E D Application D.te, ^p~ 2 7 2000 Case No: .~OMMUNI'I'¥ OEVELOPMEN',Pee: "~'/~. O'.,.~ate Paid Receipt No: Legal Description of Subject Property~ 6. Zoning: Applicable City Ordinanc.e Number Section Present Zoning. Proposed Zoning. Present Use Proposed Use for Request: 8. Exhibits Submitted (maps, diagrams, etc.) · and the laws of the State-of ~innesot . ,/ Signature of Applicant: _.j. /.fi- ' - -:['~'- ;~ '~ a' ' Acknowledgment and Signature, The undersigned hereby represents upon all of the penalties of law, for the purpose of inducin8 the City o[ Columbia Heiihts to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City o[ Columbia Heights Taken By'._(~/// St. Aritho Suite ~inneapc ~. (s~ EQUIPMENT SCHEDULE ITEM QTY DESCRIPTION 1 1 SINK, MOP _.(BY OTHERS~ 2._~___ 1 SHELVING UNIT ~.CHEMICALS)_ 3....~.__ ,3 SHELVING UNIT .(DRY STORAGE) 4 1 REFRIGERATOR, REACH-IN ~ ~ SINK, THREE COMPARTMENT 6 1 SHELF, WALL-MOUNTED 7 1 HAND SINK 8 1 DISHTABLE 9 1 RACKSHELF 10 1 ICE MAKER_/' .BIN 11 1 U.C. DISHMACHINE 12 1 PRE-RINSE SPRAY 13.__.~___ .__.L1 WORK TABLE 1~.__~___ ~ MEAT COOKERS (._BY OTHERS)_ 15.__.~__ ~1 CHARBROILER W_/ STAND 16 1 RANGE, ~-T.BURNER / GRIDDLE 17 1 FR YEP 18 1 FREEZER, REACH-IN 19 1 PREP TABLE W/ SINK 19 A 1 FAUCET 20 1 SHELF, WALL-MOUNTED 21._..~_._ ~ REFRIGERATOR, RAISED RAIL PREP 22 1 REFRIGERATOR, REACH-IN 2,.t 1 FA.____U CET 24 1 EXHAUST HOOD 25 1 FIRE PROTECTION SYSTEM 26 1 INSULATED ST. STL. WALL PANELS 27 1 COUNTER 28 1 SHELF, PASS-THRU 29 1 REFRIGERATOR, MERCHANDIZER (BY OTHERS) 30 1 COUNTER, CASHIER ~ 31 1 CASH REGISTER (BY OTHERS) ,t2 5 DISPENSER, DISPOSABLE CUP ,:13 1 DISPLAY CASE 34 1 COUNTER, FRONT SERVING 35._..~_._..__.L1ICE DISPENSER W SODA FAUCETS BY OTHERS .KITCHEN AREA FINISH SCHEDULE: FLOOR - QUARRY TILE W/ WATER RESISTANT GROUT INSTALLED FLUSH W/ TILE. USE NON-SKID QUARRY TILE IN WALKWAYS ONLY· 6" COVED BASE REQUIRED AT FLOOR / WALLS. WALLS - F.R.P. (FIBER REINFORCED PANELS) W/ ADHESIVE APPLIED W/ 1/4"-NOTCHED TROWEL OVER THF FNTIP~- zz REVISIONS Thongs Rsmsdall, £h~ir CITY OF COLUMBIA HEIGHTS Stephan Johnson 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 DsnielShattuck PIA#Afl/V6 A/VD ZOA/I/VG COMMISSIOiV 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, June 6, 2000. The order of business is as follows: A request for a Conditional Use Permit to allow the operation of a deli/grill in the tenant space at 4923 Central Avenue to be known as the Cairo Grill. Section 9.113(2)(h) of the Retail Business Section of the Zoning Ordinance requires a conditional use permit for restaurants, cafes, tea rooms, bars, prepared food outlets, and prepared delivery establishments. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Ken Anderson, Acting City Planner, at 763-706-3672. 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. (TDDIT06-3692 for deaf or hearin9 impaired only.) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPOrTUnitY EMPLOYER Case: 2000-0613 Page: 1 Case #: STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE JUNE 6, 2000 PUBLIC HEARING 2000-0613 GENERAL INFORMATION Owner: Mahamed Samaha Address: 12410 - 249th Ave. Zimmerman, Mn. 55398 Parcel Address: 3800 Central Avenue NE Zoning: RB, Retail Business Comprehensive Plan: C - Commercial Surrounding Zoning Zoning and Land Uses: North: KB South: KB East: KB West: R-3 Applicant: Lois Alberto Rojas-Ledesma 1529 E. 38t~ St. Apt. 7 Minneapolis, MN (612) 728-0613 Land Use North: Commercial South: Residential East: Commercial West: Residential BACKGROUND Explanation of Request: The applicant requests a Conditional Use Permit to open a restaurant specializing in mexican style food in the building formerly occupied by Amira's and Bridgeman's Restaurants at 3800 Central Avenue NE. The applicant does not propose to make any physical changes to the site. Note that I have attached a letter from the owner approving of this request for a Conditional Use Permit. Case Histo~_ : There is one previous Planning and Zoning Commission case on the site for a CUP for Amira's restaurant, Case #9812-52. The building was constructed in 1962 and there was a 595 square foot addition built off the west side of the structure in 1974. ANALYSIS Case: 2000-0613 Page: 2 Surrounding ProperS_: The surrounding property to the north, south, and east is zoned RB, Retail Business while the property to the west is zoned R-3, Multi-Family Residential. The property to the north and east is used commercially. The adjacent property to the south is a nonconforming residential use, and the property to the west is also used residentially. Technical Review: According to Section 9.113(2) of the Zoning Ordinance, a Conditional Use Permit will be required if the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). Minimum Yard and Density Requirements are as follows: · Lot Width shall be at least 50 feet o subject parcel meets this requirement; · Lot Area shall be at least 6,000 square feet - subject parcel is over 16,000 square feet; · Front Yard Setback shall be 15 feet - existing structure does not meet this requirement; · There is no side yard setback requirement; · Rear Yard Setback shall be 20 feet - existing building meets this requirement; · The floor area ratio shall not exceed 1.0 - the building has a total square footage of 3,635 square feet, so the property has a floor area ratio of approximately .2 which exceeds this requirement; · Need minimum frontage of 40 feet - subject parcel exceeds this requirement. The existing building is legally non-conforming as it does not meet the 15 foot front yard setback requirement. Provided the building is not vacant for a period of six months or more, the building can continue to be used without a variance. Note that the location of the building became non- conforming when the area was rezoned from CBD, Central Business District to RB, Retail Business earlier in 1998. The site plan found in the property records file indicates that there are 33 spaees on the site. Note that this plan does not accurately reflect the parking layout on the site. I was not able to find a plan showing the actual layout of the site, and one was not submitted with the application. The applicant notes there are 35 sites marked on the lot. The attached site plan was modified by the former City Planner for the Amira's application after visiting the site. Parking for a restaurant requires at least one (1) space for each three (3) seats based on capacity design or where there is no design layout, one (1) space for each thirty-five (35) square feet of gross floor area. The applicant has provided a design layout showing 98 seats which would require 33 spaces. Based on the 1 space per 35 square feet of floor area used for the public, approximately 37 spaces are required. This requirement has been lessened as a result of the seating design. One (1) handicap accessible space is required for every 25 regular spaces. As a result, two handicap spaces are required, one of which shall be van accessible. This space will need to be clearly marked and signed as will an eight (8) foot wide' access aisle between the two spaces. The existing parking layout has 90 degree parking and vehicles can enter and exit utilizing either access point. The parking lot meets the minimum number of parking spaces required. Case: 2000-0613 Page: 3 Existing ingress/egress routes will continue to be utilized. Loading requirements are as follows: A loading berth shall be not less than 12 feet in width, 25 feet in length and 14 feet in height and, for retail sales and service stores at least one berth for each building having 2,500 - 6,000 square feet. I was not able to determine the location of loading and unloading on the site. All open off-street parking areas shall provide a bumper curb of 5-7 inches high around the perimeter of the parking area and a curb of no less than five (5) feet from a building that has parking around it. The parking lot is surrounded by a combination of constant perimeter curb and individual bumper curbs which meets the Ordinance requirement. Solid waste material shall be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. Currently, dumpsters are located off the southwest comer of the building and they are not enclosed. Staffwill recommend as a condition of approval that an approved enclosure be provided or enclosed dumpsters are utilized. Where any business is adjacent to a residential use, that business shall provide screening along the boundary of the residential property. Screening can be accomplished by a privacy fence that is not less than six feet high and not less than 50% opaque, or it can be accomplished by providing plantings along the residential property. Currently there is a privacy fence along the property lines abutting a residential use/district. However, there have been issues in the past regarding the condition of this fence. The site plan does not indicate any areas for snow storage. The Zoning Ordinance does not contain specific size or area requirements for snow storage. It does not appear that there is much room on the site for snow storage. Because of the lack of information on loading and unloading and the parking lot will need to be modified slightly, staff will recommend as a condition of approval that the applicant work with an architect or engineer and submit a site plan illustrating the actual layout of the parking lot, taking into consideration the necessary changes. This plan should provide information on the following: layout of parking lot; access points; van accessible parking spaces; provisions for loading/unloading; dumpster enclosure; and snow storage. The applicant must also demonstrate that he is a U.S. citizen or legally authorized to reside in the country prior to issuance of the CUP. Signage will be changed within the outside boundaries of the existing freestanding sigh which complies iwth the ordinance requirements. A temporary sign permit has been submitted for the grand opening if the CUP is approved. Compliance with Ci_ty Comprehensive Plan: The City Comprehensive Plan designates this area for future Commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the rehabilitation of existing development land in the City. The proposal will not negatively impact any nearby residential areas and will provide an appropriate reuse of an Case: 2000-0613 Page: 4 existing building, so the proposal is consistent with the City Comprehensive Plan. Summa~_ : The positive aspects of this proposal are as follows: 1. The proposal is consistent with the City Comprehensive Plan. 2. Approval of the Conditional Use Permit will allow for an appropriate reuse of the building. The negative aspects of this proposal are as follows: 1. There do not appear to be any negative aspects to the proposal. CONCLUSION Staff Recommendation: Staff recommends approval of the Conditional Use Permit for a Mexican style restaurant in the KB, Retail Business District at 3800 Central Avenue, subject to the conditions listed in the recommended motion. Recomm ended Motion: Move to recommend City Council approval of the Conditional Use Permit to allow the operation of a restaurant in the Retail Business Zoning District at 3800 Central Avenue, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. Waste material storage shall be located and screened in a manner consistent with the Zoning Ordinance. 3. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 4. The screening fence shall be maintained in a safe and functional condition. 5. A site plan drawn to scale shall be submitted for review and approval by staff. This site plan shall provide at a minimum, the following information: layout of parking lot; access points; one van accessible and one other handicapped accessible parking space; provisions for loading/unloading; dumpster enclosure; and snow storage. 6. One van accessible and one other handicap parking space shall be provided as near as possible to the main entrance to the building. This space and access aisle shall be clearly marked and signed. 7. The applicant will verify and provide evidence of legal authorization to reside and work within the U.S. Attachments: Area Map; Completed application form; Site Plan(s); Floor Plan; Owner letter of Support; Menu; Temporary Sign Permit Application; and Public Notice. ~NT BY; 6127822867~ ~ DIP?,;# 2 lmmoa~! __ Vaflaaee _~. 59TH PL 711 37TH 394O 3932 ~ 3967 3968 i' 3960 3959 3957 3956 3952 3953 3948 3943 3944 3939 3938 3935 3934 ~ 3931 3930 3900 AVE ' 12g.2' 129.2' 3857 3856 3851 3850 3848 3847 3840 3837 3836 3832 3833 3828 3829 382~ 3823 382O 3819 38~ 6 3813 3812 3805 3ao~ 3731 3730 3727 3726 3723 3720 3719 3716 3713 37os 37oa 370~ 801 3700 38TH 741 ~ Z 120.0' 3970 3967 3963 3964 3959 3962 3955 3956 3953 3949 3946 3943 3942 3938 3935 3934 3931. 3930 3923 3922 3921 3918 3917 3914 3911 3907 39O6 3901 3900 3964~ 3961 3958 3957 3952 3951 3948 3947 3946 3943 3939 3932 3935 3931 3928 3924 3923 3918 3915 3912 3911 3910 ~ 909 m 3900 3855 850 3850 3849 3845 3844 3841 3837 3~8 3829 3825 3809~ 3810 3805 3806 3725 ~722 3723 3719 3716 3709 "3700 3701 3857 3853 3854 38x~7 3844 3839 3835 3829 3825 3828 3823 3819 3807 3801 3800 3729 3725 3717 3718 3713 3705/ 370~ 3700 Updated - 2/25/00 RN Updated - 3/15/00 RN PUERTO VALLARTA RES I'AURANT DESAYUNOS/BREAKFAST. 1 ;HUEVOS RANCHEROS (2) CON TORTILLA DORADA SALSA Y TOCINO ........ $5.85 (TWO EGGS OVER EASY WITH RANCHERO SAUCE AND BACON) 2;HUEVOS REVUELTOS CON CHORIZO. (TWO EGGS WITH MEXICAN SCRAMBLED SAUCE) ....... $5.85 3 ;HUEVOS A LA MEXICANA C/CEBOLLA, JITOMATE, Y JALAPENO (TWO SCRAMBLED EGGS WITH CHOPPED ONIONS, TOMATOES, AND CHILI ......... $5.85 4;CHILAQUILES CON QUESO GRATINADO Y SALSA. (CASEROLE OF TORTILLAS WITH CHILI SAUCE CHEES AND ONIONS) ANTOJITOS/APPETIZERS. 5; QUESO FUNDIDO CON CHORIZO. (CHEES WITH MEXICAN SAUSAGE) ........ $5.85 .......... $5.50 6;SINCRONISADA C/TORTILLA DE HARINA;QUESO BLANCO,AMARILLO Y JAMON.( FLOUR TORTILLA WITH YELLOW CHEES AND HAM) acompanado de arroz, y guacamole (served with rice and guacamole) 7; QUESADILLA.CON TORTILLA DE HARINA. ( FLOUR TORTILLA SERVED WITH CHEDAR MOZARELA CHEES) acompanado de arroz y guacamole. ( served with rice and guacamole) ........ $4.95 ........ $4.95 8 ;SOPES (3) HOMEMADE CORN TORTILLA CARNE, PAPA, Y FRIJOL. BEEF, POTATO AND BEANS ......... $6.25 9;TACOS DE POLLO DORADOS (3) LECHUGA, QUESO, CREMA Y SALSA. CHICKEN TACO SERVED WITH SOUR CREAM, CHEES, LETTUCE AND SAUCE ........ $5.95 10;TACOS DE PAPA DORADOS. (3) CON LECHUGA, QUESO CREMA Y SALSA. (3) DEEP FRIED POTATO TACOS. SERVED W/LETT,CHEES, soURcREAM,SAUCE ...... $5.95 ;ENCHILADAS DE POLLO (CHICKEN RANCHERAS SAUCE) (3) acompanado de arroz, guacamole, y frijoles. (served w/rice, guacamole and beans) ......... $8.99 1 2;ENCHILADAS DE QUESO ( CHEES RANCHERA SAUCE) (3) acompanado de arroz, guacamole, y frijoles. ( served w/rice, guacamole and beans) .......... $8.99 13;NACHOS. SERVED WITH CHEDAR & MOZARELA CHEES, GUACAMOLE ..... ' ..... $ 6.75 14;TOSTADAS DE PATAY PIERNA.( FRIED TORTILLA OF FEET &LEG PORK ......... $2.95 PUERTO VALLARTA RESTAURANT TACOS: la came de su eleccion acompanada de cebolla, cilantro, y salsa de chile de a'rbol. (meat of your choice served with onions, and mexican sauce.) 15;CARNE ASADA (charbroiled beef) 16; CARN1TAS (roast pork) 17;CARNE ADOBADA (barbiqued) 18'LENGUA (beef tongue) .... $1.85 ....... $1.85 ........ $1.85 ........ $1.85 TORTAS/MEXICAN SANDWICHES la came de su eleccion lechuga, jitomate, aguacate, cebolla, jalapeno, y crema.( the meat Of your choice lettuce, tomato, onions, avocado, and sour cream. 19;M[LANESA (breaded beef) 20;LENGUA ( beef tongue) 21 ;PIERNA (pork's leg) 22;JAMON (ham) .... $4.50 ..... $4.50 .... $4.5O .... $3.5O ESPECIAL!! TORTA AHOGADADE CARNITAS. **EST[LO GUADALAJARA** ...... $4.95 BURRITOS came de su eleccion servida con arroz, frijoles, cilantro, cebolla,y salsa de chile de a'rbol.( meat of your choice served with rice, refried beans, cilantro, chopped onions, & hot sauce. 23; LENGUA(beef tongue) 24;ASADA (charbroiled beef) 25;PIERNA( pork's leg) ...... $5.95 ...... $5.95 ...... $5.95 CARNES/BEEF. 26; BISTECK ENCEBOLLADO( steak onions mexican style) 27;CARNE ASADA(charbroiled steak) 28;M[LANESA (fried breaded beef) FAJITAS. RES (beef) POLLO (chicken) ...... $8.99 ...... $8.99 ...... $8.99 ..... $9.99 ...... $9.99 PUERTO VALLARTA RESTAURANT MARISCOS/SEAFOOD. 31 ;SOPA DE MARISCOS. CAMARON, PULPO, ALMEJA,PESCADO, y VERDURAS. (A COMBINATION OF SEAFOOD SERVED W/VEGETABLES. ........ $12.95 32;PESCADO DORADO. (acompanado de arroz,frijoles, y guacamole) (HUACHINANGO RED FISH SNAPPER FRIED IN GARLIC SAUCE ........ $12.95 (served w/rice,beans & guacamole) 33;CAMARONES AL MO JO DE AJO. (acompanado de arroz y guacamole) (GARLIC SHRIMP FRIED IN SPECIAL SAUCE ......... $11.95 (served w/rice & guacamole) 34;CAMARONES A LA DIABLA. (acompanado de arroz, y guacamole) (SHRIMP DEVIL STYLE IN CHILI CHIPOTLE ......... $11.95 (served w/rice & guacamole) 35;COCKTEL DE CAMARON. (se sirve con cebolla, cilantro, jitomate, y aguacate) ........ $11.95 SHRIMP SOUP MEXICAN STYLE (served with onions,cilantro,tomato, & avocado) 36;COCKTEL DE CAMARON CON PULPO (se sirve con cebolla,cilantro, ..$11.95 jitomate, y aguacate. 37;CEVICHE DE CAMARON (TOSTADA) (deep fried corn tortilla topped wth shrimp marinated in lime juice, prepared with cilantro,tomato,onions & avocado) ........ $3.50 38;CEVICHE DE PESCADO (TOSTADA) (deep fried corn tortilla topped with fish) ........ $2.5O 39;FILETE DE PESCADO EMPANIZADO. (acompanado de arroz, frijoles y guacamole) (FRIED BREADED FISH FILET) (served with rice, beans, & guacamole) ........ $12.95 PUERTO VALLARTA RESTAURANT ORDENES EXTRAS/SIDE ORDERS 40;FRIJOLES (BEANS) 41 ;ARROZ (RICE) 42; GUACAMOLE B EB ID AS/B EVERAGES 43; COCA-COLA (COKE) 44;(DIET COKE) 45;ORANGE 46;SPRITE 47;JUGO DE NARANJA (ORANGE JUICE) 48;MALTEADAS/MILK SHAKES. CHOCOLATE,VANILLA, STRAWBERRY. POSTRES/DESERTS. 49;FLAN (MEXICAN CUSTARD) 50;FLAN NAPOLITANO (MEXICAN CUSTAR NAPOLITANO) 51 ;PASTEL DE 3 LECHES (THREE MILKS CAKE) 52;NIEVE (ICE CREAM) CHOCOLATE, VANILLA, STRAWBERRY. ........ $1.25 ........ $1.25 ........ $2.50 ........ $1.35 ........ $1.35 ........ $1.35 ........ $1.35 ........ $1.75 ........ $3.50 ........ $2.50 ........ $2.50 ....... $2.50 ........ $3.00 CITY OF COLUMBIA HEIGHTS A~p1 icatlon For TemDorar¥ Signacje Permit I NSTALLAT I ON: TYPE OF TEMPORARY S IGNAGE: ~/~~. _ _ .~ Location of Temp. Sign on Site: DATES FOR DISPLAY OF TEHPORARY SIGNAGE: (Max. of 11 days) INSTALLER/COMPANY NAME: Signature of Applicant: SIGNATURE OF BUILDING INSPECTOR: ~,-RMIT FEE: DATE PAID: APPROVED DENIED DEPOSIT: /VIEMBERS CITY OF COLUMBIA HEIGHTS Stephan Johnson ~90 AOTH AVENUE N.E., COLUMBIA HEIGHTS~ MN S5421-3878 (612) 782-2800 TDD 782-2806 Daniel Shattuck PLAIV~IIAf6 AIVD ZOAflAfG COMMISSlO~I 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, June §, 2000. The order of business is as follows: A request for a Conditional Use Permit to allow the operation of a restaurant at 3800 Central Avenue N.E. in the former Bridgeman's'Restaurant space. The new restaurant will be known as "The Puerto Vallarta Restaurant". Section 9.113(2)(h) of the Retail Business Section of the Zoning Ordinance requires a conditional use permit for restaurants, cafes, tea rooms, bars, prepared food outlets, and prepared delivery establishments. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Ken Anderson, Acting City Planner, at 763-706-3672. 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.) THE CITY Of COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Case: 2000-0614 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE JUNE 6, 2000 PUBLIC HEARING Case #: 2000-0614 Owner: St. Matthew's Lutheran Church Address: 4101 Washington St. NE Columbia Heights, MN 55421 (763) 788-9427 Parcel Address: 4101 Washington St. NE Zoning: R-2, One and Two Family Residential District Comprehensive Plan: LDR - Low Density Residential GENERAL INFORMATION Applicant: Les Linngren President of Congr. (763) 572-9087 Surrounding Zoning and Land Uses: Zoning North: R-2 South: R-2 East: R-2 West: R-2 Land Use North: Residential South: Residemial East: Residential West: Residential BACKGROUND Explanation o£ Request: The applicant requests a Conditional Use Permit to open a Christian-based, Child Daycare for 20 -30 children ages infant to pre-school in a 1,352 square foot space in the lower level of the church facility at 4101 Washington St. NE. An outside play area is also required to be fenced for use by the children. The facility is proposed to meet the current shortage of daycare facilities in this area and provide a service to the community. Case Histo~_ : There have been three previous cases at this site: Case #8003-10 for a variance; Case #9202-02 for a Site Plan approval; and Case # 9310-30 for a Sign Variance. Case: 9909-29 Page: 2 ANALYSIS Surrounding Proper_tv: The surrounding property to the north, south, east and west is zoned R-2, One and Two Family Residential District and is used residentially. Note that the church owns other property adjacent to this site for additional parking. Technical Review: According to Section 9.108(4) of the Columbia Heights Zoning Ordinance, a Conditional Use Permit is required for a "Day nursery, provided not less than 75 Square feet of outside play space per pupil is provided and said space is fenced." The Minimum Yard requirements are listed below. No structural building shall exceed three stories or 35 feet which ever is the lesser in height. The CUP request does not impact this provision. A side yard abutting on a street shall not be less than 10 feet in width. All of this property is addressed on Washington Street, by definition of front yard abuts 418t Avenue. The closest point of the building to 418t Avenue is 5.3 feet. Lot width. The lot width shall be 60 feet. Subject parcel lot width is 129.2 feet which greatly exceeds this requirement. The front yard shall be 25 feet. The subject parcel does not meet this requirement in the front yard at 5.3 feet. The Zoning Ordinance requires that the Day Nursery provide not less than 75 sq. feet of outside play space per pupil and that said space must be fenced. With 20 students the required open space must be 1500 sq. feet. If the child population increases to 30, the required outside play space would be 2250 sq. feet. The church council president has verbally indicated that sufficient space is available in grassed areas onsite to provide the required outdoor play space. As a condition of approval staffwill request a site plan drawn to scale showing the proposed outdoor play space. The Zoning Ordinance does not specifically address parking requirements for a day care, so parking requirements for the most similar use need to be applied which appears to be an elementary school. An elementary school requires at least one parking space for each classroom, plus one additional space for each 300 student capacity. There will be a total of one (1) classroom, and two offices and the facility will hold approximately 20-30 kids, so a total of four (4) parking spaces are required. Much of the traffic generated by this facility will be parents driving in and parking temporarily to drop off and pick up their children. Because of this, staff will recommend as a condition of approval that the site plan be amended to accommodate space next to the sidewalk along the building on 41~ Avenue for temporary parking drop offand pick up. It appears that there is Case: 9909-29 Page: 3 enough room for two, possibly three, spaces. These spaces shall be clearly marked and identified as temporary parking for child drop off and pick up. Staff further suggests that this recommendation be considered and approved by the Traffic Commission prior to approval of the CLIP by the City Council. The following provides a breakdown of the projected clientele and the proposed floor plan. As mentioned above, the 1,352 square foot area will be designed to accommodate a future total of 20-30 children. · There will be one room for a total of 20-30 infants and preschoolers. · Two rooms will be available for the Director and other staff. · Handicapped accessibility is available from the existing elevator. Also, according to the Southern Anoka County Consortium, Anoka County has a shortage of available day care. This site combined with the New Horizon facility in the Columbia Heights Mall will help meet this need. A letter was received on June 1, 2000 in opposition to this request due to noise. (See attached). Compliance with Ci_t}, Comprehensive Plan: The City Comprehensive Plan designates this area for future low density residential. One of the goals of the Land Use and Redevelopment component of the Plan states "Protect and enhance the residential neighborhoods of the Community (Page 27)." The Plan does not specifically address day care in any goals and objectives, but service businesses are encouraged. The addition ora day care center in any part of Columbia Heights will provide a valuable service to the area. However, the traffic, noise, recreation and other aspects must be considered in a neighborhood setting. The proposal is consistent with the City Comprehensive Plan. Summa~_ : The positive aspects of this proposal are as follows: 1. The proposal is consistent with the City Comprehensive Plan and minimum requirements of the Zoning Ordinance are being met. 2. The addition of a day care center in Columbia Heights will provide a valuable service to the area. The negative aspects of this proposal are as follows: 1. The proposed day care center will increase noise, traffic and parking demand in the area. 2. Outdoor play space and fencing will be necessary and the site is currently limited in green, open space area. CONCLUSION Sta[£ Recommendation : Staff recommends approval of the Conditional Use Permit to allow St. Matthew Lutheran Church operating Child Care in the R-Z District, subject to the conditions listed in the recommended motion. Case: 9909-29 Page: 4 Recommended Motion: Move to recommend City Council approval of the Conditional Use Permit to allow the operation of St. Matthew's Lutheran Church Child Care at 4101 Washington Street, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. Ail proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 3. An outdoor play space not less than 2,250 sq. feet shall be provided and fenced, and issuance of the CUP will require a revised site plan showing the same. 4. The traffic parking pattern shall be on 41st Avenue and be clearly marked and signed subject to review and approval of Traffic Commission 5. The site plan shall be amended to provide temporary parking spaces for the drop off and pick up of children. These spaces shah be clearly marked and identified. Attachments: Area Map; Completed application form; site plan; floor plan; Child Care Facility requirements, Letter of opposition; and Public Notice to the Traffic Commission. G:XJoe's filesX2000 P&Z Comm~2000-0614St. Matthews Church Child Care rt-17--L--'l~ 2:41Rid FRei4 C',L-Jivtlvl..,~]TY I)~V - CH t~1278228.B? P, 2 ~1 l~oC(~ptims of Subject P~opeFtT: .... um UsE , ......... · ...... ~ ~ ~ciL~ Mc~ ~s~J ~ iLL of ict~ ~ ~q~st~t .... j ..... ~ ~e ~d~es o~ c~ C~ty g~ Col~a of ~he S~ec, of I~ej~a. SA~Izo~e g~ A~Iie~z~ ~- Date: ~- 4347 4346 4343 4552 4335 4328 4329 4326 4325 4524 4319 4320 4315 4514 4311 4306 4307 4303 4500 12"3.6' 4157 4153 4149 4145 4141 4139 4135 4129 4125 4121 4117 4115 4111 4105 ~ 4101 AVE 4549 4552 4345 4344 4341 4340 4335 4332 4329 4330 4323 4326 4319 4318 4310 4507 4306 555 4300 4256 4254 4250 4244 4240 4236 4252 4230 4226 4222 4216 4208 4204 4200 4156 4152 4148 4142 4138 4134 4128 4124 4120 4118 4112 4108 4104 41 O0 AYF 4056 4057 4551 4346 4343 4340 4333 4334 4328 4329 4322 4323 4318 4319 4314 4313 4310 4307 4304 4301 4300 4259 580 4255 '252 4251 4248 4247 4244 4241 4237 4236 4255 4228 4229 4224 4223 4222 4219 4216 4215 4212 4209 4208 4205 4206 4201 4262 4255 4251 4256 4244 4243 4240 4239 4234 4235 4230 4227 4224 4221 4218 4217 4212 4215 4204 4209 4201 615 4153 :./ 4150 4146 4157 4136 4129 4126 4100 4056 ~'- ~ 4057 4056 4052 ~J 4053 4052 4350 4353 4348 4345 4344 4337 4338 4329 4334 4327 4326 4323 4320 4315 4312 4311 4307 4306 4301 4300 4345 4341 4337 4331 r' ~ 4325 ~ 4321 g ~ 4307 ~ 43Ol ~ 4257 4256 ~ 4251 4250 ~ 4245 424, 4242 ~ 4239 4256 ~ 4233 4232 4228 4225 4226 · ~ 4221 4222 ~ 4219 4216 4212 ~ 4209 4208 ~ 4205 ~ 4201 4200 129.2' 4157 4158 ~.~, 4153 4151 4148 4145 4144 4141 4136 4135 4132 4131 4129 4126 4121 4122 4117 4116 4115 4108 4109 4106 4101 129.2' 4157 4153 4151 4145 4141 4135 4129 4127 4121 4117 4109 41o5 4101 4059 4056 ' ~' 4057 4o55 4o55 -- CEM CER. CLG. CLO. GOM CON( DBL) DET. 'DIA. DO. EA. ~-XP. EXT. .lro D. FDN. yLR. ]rTG. G,B. G.I. H.R. H, HTG. INSU~ INT. ,lT. ,IST. 'LAM. .I.,. W. MEC MLD MoO. N.I.( O.C. PAT. ~L. Existing Closet Existing front doors tn old church To Willer Room Conference/ Break room E~it Director:; Office Day Care Center 26' x 52' DHS Child Divisi and lc Appendix Starting an Early Care and Education Program in Minnesota Child Care Facility Requirements Facility Requirements care programs are licensed by the Minnesota Department of Human Services Child Care Licensing on. In order to be licensed, a program's facility must meet both the facility requirements of DHS Rule 3 ~cal municipal zoning, building, fire, and sanitation requirements. ¥ rritten Code Verification. DHS requires written verification from local authorities that building, fire, sanitation codes, and zoning regulations are met. Forms are sent from DHS. I~ xclusive Use of Space. The primary program space must be used exclusively for child care during the hours of its operation. l~linimum Space Required There shall be a minimum of 35'square feet of usable floor space per child, exclusive of hallways, bathrooms, lockers, kitchen, and floor space occupied by stationary equipment. 'Plan for gross space from 70 - 100 sq. ft. per child. Outside PlaY_m'ound. An onsite play area must provide not less that 1500 square feet of space. An offsite play area may be used if within 2,000 feet of the center (about three blocks). The play area cannot be more than one-half mile away. ~oilets and Sinks. The facility must provide a toilet and sink for every 15 persons. Toilets are not 'required for infants. Infant only programs need one toilet. Potty chairs are acceptable in lieu of toilets for toddlers if at least one toilet is available for toddlers. In newly constructed centers or those .undergoing major remodeling to the plumbing system, foot and wrist operated sinks must be provided in the diaper changing area. 1: loots. Must be free of splinters, cracks, broken linoleum, etc. I: ~lI1~$1~. A center must have storage space for each child's clothing and personal belongings. The space must be at a height appropriate to the age of the child. Buil, ting Code Requirements The f ~llowing are based on the City of Minneapolis Code Requirements. Minneapolis has adopted the State building code for E3 occupancies (child care centers) and the Minnesota Uniform Fire Code. Any building used br child care purposes for more than 14 children must meet the Uniform Building Code Requirements for E3 o~ eupaneies. First Floor Location. The center must be located on the first floor when serving children of second grade and below in age. (Note: Child care is not allowed in basements unless it is less than 4 feet below adjacent ground level and has exits directly at his level.) Disabili _ty Access. The entrance to the building and all rooms must be accessible by elevator or ramp. Exits From the Bmldm_~. The center must have at least two separate emts from the bmldmg. A center located on the second floor or in the basement must have at least two exits, one of which is for specific use of the program and leads directly to grade outside. (The only exception to this requirement is a [program in church basements serving less than 30 children. It doesn't have to have a separate exit, as i long as it has two exits up to ground level). . Copyright 1994 The Greater Minneapolis Day Care Association Appendix 5 C, ahia.q~. Open storage shelving or cabinetry of either enamel metal, formica-type or stainless steel finish or its equivalent is required. Bathroom handwashine. Any handsink required for children other than infants must be in the toilet area. However a sink can be butside the toilet area if it has unimpeded access fi:om and it is in an area adjacent to the toilets. ~. A diapering area must have a handsink within 3 feet of the changing surface. A foot or wrist operated sink must be provided. Ventinm Venting of bathrooms and diaper-changing areas is required in most municipalities. Fixtures. Toilets, sinks, faucets, and hand-drying devices in the toilet area used by children under school age, other than infants, must be placed at a height appropriate to the ages of the children. Portable steps may be used if the steps are sturdy and washable. Water temperature. The temperature in the handsinks used by children must not exceed 120 degrees Fahrenheit. Floor and wall coverim, s. Floors require a mimimun of 12x12xl/8 VET Tile. Splash areas around the walls must be covered ~ith vinyl, ceramic tile, or glass board (fiberglass panels). Zoning Requirements Child care facilities serving 14 or more children require a conditional use permit fi:om the City Council. (Exception: a permit is not required for a child care program sponsored by a religious congregation which is located in its building, however, the zoning office must be notified of that sponsorship). Loadin~unloading zone. A designated auto dropoff area which is safe for children must be provided. Staffparking. Centers must provide an area for staff parking. Copyright 1994 The Greater Minneapolis Day Care Association M£MBERS CITY OF COLUMBIA HEIGHTS Stephan Johnson 590 40TH AVENUE N,E,, COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 Daniel Shattuck PZAA/#I/VG AND ZONING COMM/SS/OiV 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, June 6, 2000. The order of business is as follows: A request for a Conditional Use Permit to allow the operation of a daycare center for approximately 20-30 children at 4101 Washington Street N.E., St. Matthew's Lutheran Church. Section 9.108(2)(c) of the R-2 Residential Zoning District requires a conditional use permit for day nurseries, provided not less than 75 square feet of outside play space per pupil is provided and said space is fenced. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Ken Anderson, Acting City Planner, at 763-706-3672. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only.) THE CITY Of COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Case: 2000-0615 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE JUNE 6, 2000 PUBLIC HEARING Case #: 2000-0615 Owner: Address: David Hoimgren Tom Letness GENERAL INFORMATION Applicant: Columbia Heights Dairy Queen 3951 Central Avenue Columbia Heights, MN 55421 (763)789-4992 Parcel Address: 3959 Central Avenue NE RBD, Central Business District Zoning: Comprehensive Plan: C-Commercial Surrounding Zoning Zoning and Land Uses: North: CBD South: CBD East: CBD West: CBD 3959 Central Avenue Columbia Heights, MN 55421 (763)789-4992 Land Use North: Commercial South: Commercial East: Residential- Commercial West: Institutional(Church) BACKGROUND Explanation qf Request: The applicant requests a sign variance and site plan review of decorative screening and canopy from the Dairy Queen building south of the property line and around exterior mechanical equipment. The applicant is currently in the process of upgrading the former Dairy Queen site by modernizing and upgrading the property both functionally and aesthetically. The variance is requested to allow a rooftop and a projecting sign for historic renovation purposes. Case Histo~_ : There are two previous Planning and Zoning cases for this site. Case number 8711-88 was a request for a sign variance which was denied. Case number 8910-43 was a request for a Case:2000-0615 Page: 2 conditional use permit which was approved. ANALYSIS Surrounding ProperS: The surrounding property on the north, south, east and west is zoned CBD, Central Business District and is used for commercial purposes. Property to the east is used for institutional purposes as a church. Technical Review: According to Section 9.117A (4) (h) of the Sign Section of the Zoning Ordinance "...the following signs are specifically prohibited: (h) Any roof sign". The same section of the Sign Ordinance further states as follows: (i) A projecting sign which extends more than eighteen (18) inches" from the building or structure to which it is attached, other than canopy or marquee signs, or which is larger than three feet (3') in vertical height" are also prohibited. The applicant is proposing to install a roof sign of approximately 59.9 square feet. The sign will be projecting nine feet from the building facade and is estimated to extend 5.5 feet into the Central Avenue right of way. The sign will be a minimum of 9.5 feet above grade and a maximum of 19 feet above grade. Including wall signs showing DQ posters, the total proposed signage will be 134.15 square feet. The maximum area amount of signage allowed per the ordinance reference section 9.117A (9), "signs in CBD Districts" (c)(i) "Total sign area shall not exceed two (2) square feet for each building or structure." This building is approximately 19.2 feet long fronting on Central Avenue N.E. Therefore, the total wall signage allowed is 38.4 square feet. The total proposed signage onsite exceeds the maximum allowed by 95.75 square feet. The ordinance further restricts signs and prohibits these projecting signs which extend more than 18 inches from the building to which is attached. Proposed roof sign extends approximately 9 feet from the building facade. Therefore, due to the significant amount of variance requested, staffis recommending Planning and Zoning Commission deny the signs as they are specifically prohibited by the Zoning Ordinance. Please refer to the memorandum from the applicant dated May 18, 2000 which explains the rational for trying to create an excellent example of "new Dairy Queen interior and exterior image design elements with the historically accurate representation of Dairy Queen." Regarding the site plan, this proposal includes the construction of a pergola and canopy which would extend between the Dairy Queen south to and over the property line shared with the Heights Theater. It is important to know that, at the current time, both properties share the same ownership. The survey dimensions of the Dairy Queen site are 39.65 feet of frontage on Central Avenue by 128 feet deep. The proposed pergola and canopy appear to be extending over the Dairy Queen parking lot by approximately 1.5 feet. Staff is recommending the canopy and pergola be reduced in size to insure all portions of both structures remain on property of the Dairy Queen building. The area between both buildings is proposed to be used for outdoor seating and Case: 2000-0615 Page: 3 will offer a combination of shaded areas and areas open to the sun in a aesthetically pleasing, pedestrian orientated environment. The pergola appears to be located approximately one foot from the property line of Central Avenue N.E. The proposed structure is to be 7 feet 4 inches with 2 two by sixes placed on top. The pergola could be interpreted to be a fence which is defined as "any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure of a permanent nature" in Section 6.401 (2) of the Zoning Ordinance. Those over six and one half feet require a special fence permit to be approved by the Planning and Zoning Commission and City Council. Another interpretation could be to consider the pergola and canopy as separate accessory structures and as such, the fence restrictions would not apply. As such, it must be located at least one foot from the property line and must be attached to the existing building or cannot be located within six feet of the principal structure. The third option is to consider the pergola as a "decorative land feature" which is a permitted accessory use in the CBD District. It is the Zoning Administrators opinion the pergola and adjacent canopy both qualify for decorative land features for the Dairy Queen facility provided they are located entirely within the confines of the same parcel. In recommending a variance, it shall be found by reasons of narrowness, shallowness, or shape of the lot or whereby reason or location or water conditions the owner of such lot would have an undue hardship in using his lot in the manner customary and legally permissible within the rules of the Zoning District. The Dairy Queen building is approximately 722 square feet. Calculating required parking at one space for each 35 square feet of gross floor area. As a result, the Dairy Queen property is required to maintain approximately 20 parking spaces. A lot to the east of the existing building has space for approximately 20 parking spaces. Compliance with City Comprehensive Plan: The City Comprehensive Plan designated this area for future commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the plan promotes redevelopment of existing land in the City. The proposal will not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing, restaurant facility. The proposal is consistent with the City Comprehensive Plan. Summary: Positive aspects of this proposal are as follows: The proposals consists of what the City Comprehensive Plan states. The Dairy Queen will provide an appropriate, complimentary use of commercial space adjacent to an increasing attractive destination stop, the Heights Theater. The proposal will essentially be efforts of the property owners to enhance the historical character and significance of the structure. Negative aspects of this proposal are as follows: Case: 2000 -0615 Page: 4 1. 2. The request greatly violates the provision which prohibits roof signs in all districts. It also greatly exceeds the allowable square footage for signs as is currently proposed. This request would establish an undesirable precedent for roof signs and projecting signs extending beyond 18 inches from the building or structure to which it is attached. CONCLUSION Staff Recommendation: St~Y recommends denial of the variance to allow the installation of a projecting, rooftop sign at the Dairy Queen building at 3959 Central Avenue N.E because a hardship has not been established. Recommended Motion: Move to recommend the Planning and Zoning Commission deny the variance request to allow the projecting rooftop sign at the Dairy Queen in the CBD, Cemral Business District at 3959 Central Avenue N.E. as a hardship has not been established. Attachments: Area map, completed application form, existing site plans, elevation drawings, applicant correspondence, and public notice. G:XJoe's filesX2000 P&ZX2000-0615 Dairy Queen CITY OF COLUMBIA HEIGHTS ~A~.,Dlication For= Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval ~- Other 1. Street Address of Subject Property= / Application Dat.: 2. Legal Description of Subject Property= Name: Address= Phone= Descrip,io- Name Zoning: Applicable City Ordinance Number Present Zoning. Present Use Section Proposed Zoning. Proposed Use Reason for Request=_ / 8. Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and Signature: penalties of lay, for the pur~ action herein requested, tha/ mentioned will be done in,, ,a¢c¢ and the laws of the State/~f~ Signature of Applicant= [/ //~ The undersi~ned hereby represents upon all of the e of inducing the City of Columbia Heights to take the i ~tat~nts herein are true and that all york herein ~se~tythe Ordinances of the City of Columbia Heights Taken By: ~ J )20 ~: )~6 ~ 4001 940 950 ~F~RK'"" 4 0 TH AVE 3989 ;OULD 286.0' 3939 5940 3901 5 H TH A VI: HEIGHTS THEATER 3951 CENTRAL AVENUE HE COLUMBM, HEIGHTS, MN 55421 May 15, 2000 Over the past year, the Heights Theater has received high profile recognition on television, radio and in the press. Awarded Best Renovation by Minneapolis-St. Paul Magazine for 1999, and Best Theater Salvage by City Pages, the Heights Theater has also been featured by Minnesota Monthly, Star- Tribune, Pioneer Press, WCCO Television and our own local Northeaster News. As the Heights Theater Building moves towards National Register recognition, it seems natural to lace the Dairy Queen and Heights Theater properties together through landscaping, outdoor seating and signage. My partner Tom Lemess and I feel that with the current trends and civic development in our neighborhood, and the exciting success, and high profile of the theater, an unusual opportunity has arisen at the start of the Theaters 75th anniversary year, to present an excellent example of new Dairy Queen exterior and interior image design elements with a historically accurate representation of Dairy Queen and Heights Theater signage. As it is our goal to make the Heights Theater the premiere cinema in the Twin Cities, so is it also our goal to make the Daixy Queen part of the "experience" of the destination. A place where you can be proud to take your grandparents or your grandchildren. A place where old friends and new will remember fondly for years to come, and a place where families have been meeting in Columbia Heights for 75 years, and actually at the Dairy Queen since April 1951. We feel it is important to nurture the feeling of pleasant homey nostalgia, in an environment that is fresh and new and modem. As Dairy Queen operators with over 16 years of experience, and in good standing with Inter- national Dairy Queen, we respectfully request to commission and erect, by licensed sign manufac- turer, a blue enamel blade sign with exposed neon in the original design, for the Dairy Queen Lim- ited Store located at 3959 Central Avenue NE, and an upright flag sign with exposed neon spelling "The HEIGHTS" on the Heights Theater Building at 3951 Central Avenue NE. We also request to build decorative gateway screens adjacent to and framing the Heights Theater Building to the north and south parallel to Central Avenue on theater property as well as construction of a Pergola on the Plaza Crree~pace and fenced enclosure for mechanical, between the Dairy Queen and Theater. "Today we are the shapers of the world of tomorrow." Walt Disney 763-7894992 HEIGHTS E~OX OFFICE 763-781-7856 DAIRY QUEEN CERTIFICATE OF SURVEY.,~ ~.}~ JAMES L KURTH LAND SURVEYOR 42oi I,,~ F. ~T~ST~:E~ ,.., ~. ._~.'.:,,~.:_'( . .. , · ~,41NN~.'~C)'TA F~EGIST.IRATION NO. 5332 SCALE 1 "'= ~,~,"'" ' o- IIRON MONUMENT ~j ' E L E V~,T O :'-~ 17_t5, oD - scA~'mp :' O=llN'll:::lOtdOli4 NFH 'S!lOdeauu!k4 3N anuany leJlua3 6~6~ §Nll3O0Fq3U N33flU ABIUG NI~I 'suodeauu!l~l 3N anuanu le~lua~) 6c;6c' 9NI-13001~I3U N33fll] AUIUO 6 M£MBER$ CITY OF COLUMBIA HEIGHTS Stephan Johnson 590 40TH AVENUE; N.I='., COLUMBIA HEIGHTS, MN 5542 !--'4878 (612) 782-2800 TDD 782-2806 Daniel Shattuck PLAAfA~IIV6 AND ZOIVIIVG 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, June §, 2000. The order of business is as follows: A request for site plan review to allow the installation of decorative screening consisting of a pergola and a canopy along the front of the property from the building located at 3959 Central Avenue, the Columbia Heights Dairy Queen, extending south to the property line. The request also includes a variance to allow rooftop and projecting signs on the building located at 3959 Central Avenue, the Columbia Heights Dairy Queen, for historic renovation purposes. Section 9.117A(4)(h) of the Columbia Heights Zoning Ordinance prohibits the use of any roof sign. Section 9.117A(4)(i) prohibits the use of projecting signs which either extends more than eighteen inches (18") from the building or structure to which it is attached, other than canopy or marquee signs, or which is larger than three feet (3')in vertical height. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Ken Anderson, Acting City Planner, at 763-708-3672. 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 90 hours in advance. Please call the City Council Secretary at 706-3611, to make arrangements. (TDDI706-3692 for deaf or hearing impaired only.) THE CITY Of COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Case: 2000-0616 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE JUNE 6, 2000 PUBLIC HEARING Case #: 2000-0616 GENERAL INFORMATION Owner: Address: David Holmgren Tom Letness 3951 Central Avenue Columbia Heights, MN 55421 (763) 789-4992 Applicant Parcel Address: 3951 Central Avenue NE Zoning: CDB ,Central Business District Comprehensive Plan: C-Commercial Heights Theater 3951 Central Ave. N.E. Columbia Heights, Mn. (763) 789-4992 Surrounding Zoning and Land Uses: Zoning North: C-BD South: C-BD East: C-BD West: C-BD Land Use North: Commercial South: Commercial East: Commercial- Institutional West: Commercial- Residential BACKGROUND Explanation of Request: The applicantrrequests a variance and site plan approval to permit a projecting sign and roof sign variance at the Heights Theater at 3951 Cemral Avenue N.E. The applicant is proposing to install a projecting sign which is 3 feet 4 inches wide by approximately 16 feet 2 inches tall and affixed to the from facade of the Heights Theater building. Case History: The property has been operated as a theater for an extended period of time. Case number 9901- 04 was a Conditional Use Permit which was approved by the Planning and Zoning Commission and City Council. Case: 9909-29 Page: 2 ANALYSIS Surrounding ProperS_: Surrounding Property on the north, south, and west is zoned CBD, Central Business District and is used commercially. Property to the East is an institutional Church and there is also a non- conforming single family structure to the west of the subject parcel. Technical Review: According to Section 9.105 (3)of the Zoning Ordinance, "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 of 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". Furthermore, the Zoning Ordinance specifically states the prohibited signs in Section 9.117A (4) (H) and include any roof sign. Subsection (i) states "A projecting sign which extends more than 18 inches (18 ") from the building or structure to which it is attached, other than canopy or marquee signs, or which is larger than three feet (3 It) vertical height" are prohibited. Section 9.117A (9) of the Sign Ordinance for the Central Business District states in subsection (c)(i) "total sign area shall not exceed two (2) square feet for each front foot of building or structure. In addition, subsection (c)(ii) states "the maximum height of a sign, including its structures shall not exceed twenty (20) feet above the grade". The sign mounting detail has not been included with the plans that have been submitted to staff. However, because the signs exceed the ordinance maximum height of twenty feet by 13.5 feet, staffis recommending denial of the projecting facade and roof sign. Furthermore, staff has not been able to determine the precise location of the property line relative to the building front. However, we estimate that the property line is approximately five feet of the building facade. Therefore, the sign will dearly extend more than 18 inches from the building or structure to which it is attached and it exceeds the maximum of three feet in vertical height by 13 feet 2 inches. As a result of these significant encroachments, staff is recommending denial as a hardship based on the specified criteria has not been established. The applicant has also requested to construct a canopy which would extend from the front facade of the building over the sidewalk. This canopy would be approximately 2 feet 3 inches high and extend 8 feet from the front of the building. A letter will be provided to the Commission at the meeting indicating to what extent the canopy violates the Uniform Building Code (UBC) and/or Zoning Ordinance requirements. Compliance with Ci~ Comprehensive Plan: The City Comprehensive Plan designates this area for future commercial development. One goal of the land use and redevelopment plan is to improve the commercial viability of the Central Avenue quarter while protecting the nearby residential neighborhoods, in addition the plan promotes the rehabilitation of existing development in the City. The proposal will not negatively impact any nearby residential areas and will provide an appropriate aesthetic improvement to the commercial use, so the proposal is consistent with the City Comprehensive Plan. There are also several general areas within the community image action plan that merit some comment. Two Case: 9909-29 Page: 3 steps to improve the community image include an action step to 1) improve the image and identity of downtown; and 2) develop an sense of identify which distinguishes Columbia Heights from adjacent communities. It is also noted to be important to improve the appearance of Central Avenue. The proposed improvements to the Heights Theater will promote each of those action steps by improving the overall image and aesthetic qualities of the subject parcel. Although not mentioned in the Comprehensive Plan, the focus on historic renovation makes the effort additionally important and attractive to improving the community image. Summa~_ : Positive aspects of this proposal are as follows: 1) The proposal is consistent with the City Comprehensive Plan. 2) The proposal will provide an opportunity to enhance Central Avenue and the downtown community image as well as to extenuate the historic qualities of this building. Negative aspects of this proposal are as follows: 1) The proposal has not established a hardship to grant a variance for a projecting sign of this size and location of the building facade. 2) The proposal will establish an undesirable precedent if the variance is granted. CONCLUSION Stqff Recommendation: Staff recommends denial of the variance and site plan to allow the installation of a Heights Theater sign and canopy at the Heights Theater in the CBD, Central Business District at 3951 Central Avenue N.E. as a hardship has not been established. Recommended Motion: Move to recommend Planning and Zoning Commission denial of the variance and site plan request to allow a 16 feet 2 inch by 2 foot 5 inch projecting sign, the roof sign and site plan allowing a canopy in the CBD, Central Business District at 3951 Central Avenue N.E. as a hardship has not been established. Attachments: Area map; completed application form; applicant correspondence; elevation drawings; historical pictures; public hearing notice. G:XJoe's filesX2000 P&Z CommX2000-0616 Heights Theater 4001 OULD 95O 40 TH AVE 40.0' 40,0' 40.0' 40.0' 40.0' 40.0' 40.0' 40.0' 70.0' 70.0' 60.0' 50.0' 50.0' 60.0' 40.0' 40.0' 70.0' 50,0' I~Ol~l~lr--IOlO/Olol ~o I ~0 | ~ I ~ I~ I ~ I~1~1 ~ I~ I 286. o' 950 3939 3940 3919 3901 1~3,0' 245.0' 184. g' 151.8' .~ 59TH AVE ~, CITY OF COLUMBIA HEIGHTS Application For: Rezoning Variance ~ Privacy Fence / Conditional Use Permit Subdivision Approval Site Plan Approval -~- Other 2. Legal Description of Subject Property: ZoninK: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning, Proposed Use / / ./ Acknowledgment and Signature: The ~dersi~ed hereby represents upon all of the penalties of law, for the pu~ose of ~duc~g the City of Col~bia Heights to take the action herein requested, that alL-~atements herein are t~e and that all work herein mentioned will be done in acco~nce with~ Ordinances of the City of Columbia Heights Signature of Applicant: ~--q Date.~/_ Taken Ky: HEIGHTS THEAT£R 395 ! CENTRAL AVENUE NE COLUMBIA HEIGHTS, MN 55421 May 18, 2000 Over the past year, the Heights Theater ha~q received high profile recognition on television, radio and in the press. Awarded Best Renovation by Minneapolis-St. Paul Magazine for 1999, and Best Theater Salvage by City Pages, the Heights Theater has also been featured by Minnesota Monthly, Star - Tribune, Pioneer Press, WCCO Television and our own local Northeaster News. As the Heights Theater Building moves towards National Register recognition, it seems natural to lace the Dairy Queen and Heights Theater properties together through landscaping, outdoor seating and signage. My partner Tom Letness and I feel that with the current trends and civic development in our neighborhood, and the exciting success, and high profile of the theater, an unusual opportunity has arisen at the start of the Theaters 75th aaniversaxy year, to present aa excellent example of new Dairy Queen exterior and interior image design elements with a historically accurate representation of Dairy Queen and Heights Theater signage. As it is our goal to make the Heights Theater the premiere cinema in the Twin Cities, so is it also our goal to make the Dairy Queen part of the "experience" of the destination. A place where you can be proud to take your grandparents or your grandchildren. A place where old friends and new will remember fondly for years to come, and a place where families have been meeting in Columbia Heights for 75 years, and actually at the Dairy Queen since April 1951. We feel it is important to nutone the feeling of pleasant homey nostalgia, in an environment that is fresh and new and modem. As Dairy Queen operators with over 16 years of experience, and in good standing with Inter- national Dairy Queen, we respectfully request to commission and erect, by licensed sign manufac- turer, a blue enamel blade sign with exposed neon in the original design, for the Dairy Queen Lim- ited Store located at 3959 Central Avenue NE, and an upright flag sign with exposed neon spelling '°Ilae HEIGHTS" on the Heights Theater Building at 3951 Central Avenue NE. We also request to build decorative gateway screens adjacent to and framing the Heights Theater Building to the north and south' >arallel to Central Avenue on theater property as well as construction of a Pergola on the Plaza Green~, ~ce and feng~d enclosure for mechanical, between the Dairy Queen and Theater. m Walt Disney "Today we are the shapers of the world of tomorrow." 76:~789~t992 76:~781-7856 HEIGHTS BOX OFFICE DAIRY (~UEEN " ' ~l~l 's).q6!aH e!quJnlO3 3N 8nuankl le;),ua3 1;;6;: u§!sao ezelJ pue s!nb.lel~l ti 3/IJ.3 HI SI.H9 1 ! Th~s Ram~/ell, Chair CITY OF COLUMBIA HEIGHTS ,,%%%. Stephan Johnson 590 40TH AVENUE N.E., COLUMBIA HEIGHTS~ MN 55421-3878 (612) 782-2800 TDD 782-2806 Daniel Shattuck PLANNING AND ZO#l#G 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, June 6, 2000. The order of business is as follows: A request for site plan review to allow the installation of decorative screening consisting of a pergola and a canopy along the front of the property from the building located at 3951 Central Avenue, the Heights Theater, extending north to the property line. The request also includes a variance to allow rooftop and projecting signs on the building located at 3951 Central Avenue, the Heights Theater, for historic renovation purposes. Section 9.117A(4)(h) of the Columbia Heights Zoning Ordinance prohibits the use of any roof sign. Section 9.117A(4)(i) prohibits the use of projecting signs which either extends more than eighteen inches (18") from the building or structure to which it is attached, other than canopy or marquee signs, or which is larger than three feet (3') in vertical height. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Ken Anderson, Acting City Planner, at 763-706-3672. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only.) THE CiTY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY in EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EmPloYEr COMMUNITY DEVELOPMENT DATE: May 31, 2000 TO: Tom Ramsdell, Chair, Ted Yehle, Commissioner, Kevin Hanson, Commissioner, Daniel Shattuck, Commissioner, Stephen W. Johnson, Commissioner FROM: RE: Kenneth R. Anderson, Community Development Director ~. Telecommunications Section of the Comprehensive Plan. On May 18, 2000 the Telecommunications Commission reviewed the Telecommunications Towers/Antennae section of the draft Zoning Ordinance to provide comments to the Planning and Zoning Commission and City Council. We have attached for your information a copy of the minutes from that meeting which also outlines the discussion and recommendations. In general, the recommendations are as follows: To recommend the City obtain legal counsel knowledgeable in the telecommunication s field and the regulations already in place, to help us write an ordinance that would provide guidance or address additional installations of towers, antennae, and dishes. To recommend the extension of the moratorium for a period of at least 60 days for commercial installations of towers, antennae, or dishes. The Telecommunications Commission is recommending that a professional consultant conduct a analysis to insure the zoning regulations comply with applicable Federal and Public Utilities Commission (PUC) requirements. The Telecommunications Commission has requested that you consider this recommendation and submit a recommendation for City Council action at the meeting on June 12, 2000. Below staff has drafted a recommended motion which supports the recommendation of the Telecommunications Commission. RECOMMENDED MOTION: Move to request staff to authorize legal counsel currently under contract with the City to review and amend the Telecommunication Towers/Antennae section of the draft Zoning Ordinance to provide guidance for regulating existing and proposed towers, antennae, dishes, etc. in compliance with all state and federal regulations and that all related expenses be reimbursed from proper funds. RECOMMENDED MOTION: Move to recommend the City Council extend the moratorium on commercial installation of towers, antennae, and dishes for 60 days from July 10, 2000 through and including September 7, 2000. Attachments: Resolution 2000-04; February 7, 2000 and May 18, 2000 Telecommunications Commission minutes; draft Zoning Ordinance, Section 9. 615. G:~Joe ' sFiles\Ordinances\Telecommunications Section RESOLUTION 2000-04 BEING A RESOLUTION OF T1]F. COLUMBIA I~.IGHTS CITY COUNCIL IMPOSING A SIX MONTH MORATORIUM ON ~ PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TOWERS AND WIRELESS TELECOMMUNICATIONS FACILITIES WITm'N TI:i~. CITY OF COLUMBIA I~.IGHTS WI:rF~REAS, on February 8, 1996, Congress enacted the Federal Telecommunications Act of 1996, P.L. No. 104-104, to deregulate the telecommunications industry, providing a more competitive environment for wired and wireless telecommunication services in the United States; and, WI:rEREAS, increased competition in the market for wireless telecommunications services may create an increased demand for antenna sites on towers and other antenna support structures necessary for providing wireless service via existing and new technologies; and, WltEREAS, the Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction, and modification of towers, antenna support structures, and wireless telecommunications facilities, in order to protect the health, safety, and welfare of the public; and, WI:rEREAS, the Columbia Heights Zoning Ordinance currently allows public utility structures as a Conditional Use Permit in every zoning district within the City except for the I-2, Industrial District which does not allow public utility structures; and, Vqlt'EREAS, the City Council determines it is necessary to complete the Comprehensive Plan update and the rewrite of the Columbia Heights Zoning Ordinance and conduct further research and analysis as to appropriate zoning and performance standards for towers and wireless telecommunications facilities within the City. NOW, Tlt'EREFORE BE IT RESOLVED THAT in an effort to protect the health, safety, and welfare of the public the Columbia Heights City Council hereby imposes a six month moratorium on the placement, construction, and modification of towers and wireless telecommunications facilities within the City of Columbia Heights, with said moratorium commencing and effective the date of adoption of this resolution, and recognizing said moratorium will effect only those applications for the placement, construction, and modification of towers and wireless telecommunications facilities submitted to the City after the date of adoption of this resolution. Passed this 10e day of January, 2000 Offered by: Szurek Seconded by: Jolly Roll Call: All ayes Patfi~ia Mt~sco'vitz, Deputy ~ity Clerk TELECOMMUNICATIONS COMMISSION MINUTES OF FEBRUARY 17, 2000 PAGE 3 NEW BUSINESS A. Notice of Rates for Programming Services and Equipment Effective January, 2000 Notice of rates for programming services and equipment effective January 1, 2000, were enclosed in the agenda packets. It was noted that the rate for basic service went down, and the rate for preferred service went up. It was noted that the city received numerous calls regarding the latest increase in rates. Subscribers that called feel cable service is not affordable any longer and that because there is no real competition out there, they are being over charged for the product. B. MediaOne offers Digital Telephone Service Beginning in December, 1999, MediaOne now offers digital telephone services including 15 popular calling features. Detailed information and pricing was enclosed in the agenda packet for review. C. Receipt of 4t~ Quarter Franchise Fee A copy of the franchise fees of $27,447.16 for 4e° quarter 1999 were enclosed in the packets. There was an adjustment made to the 4tu quarter check due to an overpayment from 3'a quarter. Due to a number of corrections, adjustments, and irregularities noted by a number of franchises, it was recommended we perform an audit on the franchise fees. These fees have not been audited since 1990. Bernick and Lifson (our attorneys) have entered into an agreement on our behalf with Aspund & Skokan to perform the audit for the year 1999. This audit should begin soon. As other cities and commissions served by MediaOne will be participating, the costs will be shared. D. Notice of Semi Annual Proof of Performance Testing in February Notice was given January 10, 2000, of the semi-annual proof of performance testing that will be done in February. Subscribers may experience 30 seconds of interrupted service due to the testing. E. Other New Business *Linda reported that there will be two openings on the commission, so if anyone knows of an interested party, have them contact the Deputy City Clerk for an application. Ruth Graham does not wish to be re-appointed, and Julierme Wyckoff (Council Representative) will become a non-voting Council liaison to the Commission, due to an Ordinance change recently passed by the City Council. *Linda reported that the city council recently passed a moratorium on Antennas being constructed in Columbia Heights. This moratorium was established to allow the Planning and Zoning Commission to establish a policy regarding placement of towers and antennas in our city. Ken Henke felt strongly that the Telecommunications Commission should be reviewing these requests in addition to the P & Z Commission. Once a policy is established, the plan will be submitted to the Telecommunications Commission for review. Steve cautioned the._~--~ c.o. mmission on the legal ramifications of denying placement of these antennas. 47 U.S.C. § 332 (c) (7) addresses this matter and the limitations cities have. Linda stated that it may be necessary to review exactly what the role of the Telecommunications Commission is. What areas fall into the responsibility of this commission versus the responsibilities of other commissions. *Reuben asked for information on the infra red cameras that were purchased by the Fire Department. He is concerned with the radio frequency that is used to transmit the picture to a off site display monitor. Has the city checked into the licensing of the radio frequency for this equipment. He was interested in a demonstration. Linda indicated that it was demonstrated at a recent council meeting. He should contact Jean Kuehn to view the tape, if interested. TELECOMMUNICATIONS COMIVIISSION MINUTES FROM MEETII'qG OF MAY 18, 2000 PAGE 2 B Draft Zoning Ordinance Regarding Telecommunication Towers/Antennas This ordinance is being drafted to provide for the installation of telecommunication towers and antennae in a manner that balances the need for such facilities with the potential adverse impacts on public health, safely, and welfare. The provisions of this section are intended to encourage the co-location of facilities in order to minimize the number of towers needed to serve the community. Jean explained that while this is really a zoning issue to be addressed by the Planning and Zoning Commission, the City is seeking input on any technical issues that should be included, or changed in the Ordinance. Reuben stated that he would like to Table Part 3 (Private Antennae and Towers) until he has time to check with others in the area, especially the ham radio operators. He claims there are about 75 ham operators in the area that could be affected by this. He also feels the "shall not exceed 60 feet height" mentioned in the ordinance is too restrictive. He thinks 75 ft would be better. The need for a clear signal, above the tree line, is imperative. Reuben would like to see ham operators excluded from the moratorium and from the requirements listed in the Draft Ordinance. The commission members also felt that maybe the restrictions for commercial and private residential towers, antennaes, or dishes need to be separate issues. Steve Guzzetta, our legal counsel, also cautioned that there are already regulations established by the FCC and PUC that address such issues, and that the city may be limited as to what they can actually enforce. There are many regulations regarding ham operators that prohibit cities from denying them access to operate. Steve warned against rushing through this and passing something that could potentially lead to a lawsuit. He felt a clear definition of the terms antennae, towers, and dishes needed to be established. He thinks someone with more knowledge in this subject area should be reviewing or writing this ordinance. Dan Swee also had a concern with Section 4.e. restricting the size to 200 sq. ft. He felt that should be increased slightly. After further discussion, the commission made the following motions: Motion by Bob, seconded by Brad to recommend the City obtain legal counsel knowledgeable in the telecommunications field, and the regulations already in place, to help us write an ordinance that would provide guidance or address additional installations of towers, antennaes, and dishes, dll ayes. Motion by Rueben, seconded by Dan Swee to recommend the extension of the moratorium for a period of at least 60 days for commercial installations of towers, antennaes, or dishes. ,411 ayes. Creighton, Bradley & Guzzetta Attn: Steve Guzzetta 5402 Parkdale Dr #102 Minneapolis, MN 55416 RPR-2?-2000 THU 03:43 PM FAX NO, P, 02 9.614 2) 4.) 9.615 l) Buihlhlg Design Slandnrds Putt,ese. The purpose of this section is to promote quality development lhroughout thc community that is attractive and visually compatible with adftcen! development. Dexigtt Review Required. Approval uf building elevations is required for all new commercial, industrial, institutional and multi-flintily development. Building design approval is also rcquin2d for any remodeling or expan.qions activily that mcre~tses the overall size of the building by I0 percent or more. Btdldh~g Mttrerials and Design. The following material and dcsign standards shall be adhered Io: c) Bui{ding materials for all projects shall be durable, require low m;finlcnancc and be of lhe same or bcttcr qu~dity thai Iht~t used on surrounding properties. Builclh~g clcv;~tions should include a variety of architectural fl'alums and building materials to provide visual inte~st and five each project a distinct character. Special cam should be given ~o building elevations that ILqce a public righl-of-way or a re,Montini area. Doom, window frames, ~cmcning walls, mM other architectmal Features should be finished to complemm~t the color and matcdal of the principal building. All ~dditions, exterior alterations or accessory buildings constructed after thc origintd buildings sh~dl be of thc same matctSal and dcsigu as thc original structure. However, this provision shall not prohibit the upgrading o[ thc quality of malcrials uscd in a rcmmieling or expansion activity, provided said upgraded matmSal complements the original. Applicalion of Master Plan Di.~'trict Provisio/ts. Properties localcd within thc dislrict boundaries el master plan area shall also be subject to the dislric~ provisions of the master plan. Tdecolnnmnication Towers/Anlennae Purlm~e. Thc purpose el this section is to provide for the installation of telecommunication towers and antennae in a manner that balances the need for such t'~cilities with tht~ potentia! adverse impacts on the public health, safety and wcl£are. 'l'h¢ provisions t}l' this section am intended to encourage the ce.location tff facilities in order Io minimize the ,mmber of towet~ needed to serve the cmnmunity. City of Columbia }lcig, h~ Development OrdJnunce ... Seclion 6 Dralt for Rex iew - 4.27.00 Page 26 APR-2?-2000 THU 03:44 PM FAX NO, P, 03 2) 3) General I'rovivio.~,. Thc following standards shall apply to ail tclccomnlunication towers and alltCll.rlae: :0 b) c) d) e) r) g) hj i) j) k) Ail obsolete ;md unused ante,mae shall be removed wilhin six (6) momhs of cessation of operation of thc site, unless an exemption is ~'anted by thc Zoning Administrator. All antcnnao shall comply with applicable building and electrical code rC~HJrcnlc~ts. Structural design, rmmnling and installation uf thc antenna shall comply wilh thc manufacturer's spccificulions. Thc height et thc antenna shall bc thc minimun~ necessm~ to function satisfactorily, as red fled by an electrical engin~r or o0mr appropriate professional. Amennac shall not be artificially illuminated unless r~luired by law or by a govcrmncntal agency to protect the public's hca/th and salary. When ;~pplicable, a proposal to install a new antenna shall be accompanied by any required Federal. State or local agency licenses. Towers under 200 t~et in height shall be painted a non-contrasting color consistent w/ih ~hc surrounding ama, such as blue, gray, brown or silver, or have a galvanized finish to r~ducc visual impact. Thc tower shall meet the setback requirements for a principal structure thc zoning district in which it is located. Thc minimum setback t¥om the property line shall be the height of thc tower, tmless a qualified structural engineer spccifi~ in w~iting tim[ th~ collapse of thc tower will occur within a Icsscr distance under all I~esceablc cJ~urHslanccs. Thc antenna tower shall be self supporting fl~rough thc use of u design that uses an open frame or monopole const~,ction. Permanent plaffm-ms or structures, exclusive of antenna, that inogasc site visibility are prohiNted. No advertising message shall be affixed to the antenna sm~cture or lower, except as may be required by any Federal or Stale regulations. Private Autennae and To~ver.¥. Private (non-commercial) receiving or tnmsmitling antennae and towers are permitted as an accessory uso within ali zoning districts, subject lo the following requirements: a) b) c) d) The combined height of thc ante,ma and a,ly structure to which the antenna is :~tlachcd shall not excee, d 60 feet, as measured fi'om ground ok:ration to the highest point of the tower or antenna attached thereto. Freestanding towers shall be located within the re~r yard. The towc. r .shall not be u.~cd for connncrci:tl purposes. Thc insmllation of' more than one (!) tower per property shall require the approval of a conditional use permit. C,ty ~ f Columbia l )¢vclupmcql Osdinanc¢ Draft tbr Review - 4.27.00 Page 27 ~?R-27-2000 THU 03:44 PM FA× NO. P, 04 4) Co,mtercial Autenmte attd To,vets. Commerci~d receiving o~' transmitlii~g ;mtenmto ;md towers ~trc subject to the lbllowing provisio~ls: -) b) At~tClmaU co-located with an essentb~! service structure (water tower. electrical tr~msmission linc, otc) shall bo ;~ permitted usc in all zoning districts. Antc. nnae co-locmcd on ~m established comn~ercial antenna or tower shall be a permhted usc in the commercial and indusaial zoning districts. Antcmme attached to, but not above, thc exterior walls o~ a btfilding as an integt~ql p~rt of fl~e mehi/ecttuc shall be a permitted uso in ihe commercial :md illdtlslfi:tl zoning d~slficts. Antennae not co-located with an essential service st~cture or cstalflishetl commercitfl antenna or tower require thc approval of a conditimml usc permit in Ibc commercial and industrial zoning districts. Such ~mtennae m'o pnflfibitcd in thc l~sidcnlj;tl zoning dJslrJcts. Accessory equipment associated with f~e-stnnding lowers anti ~mtcnnae shall be located wilhJn an equipment building constructed of mmerials and color compatible wifl~ thc principal building, it' any, and the smxounding arcs. Said equipment braiding shall not exceed 200 sqtmre/bet in area or 12 l~et in height. City ol'Culumhkt IIeights Draft fur Review - 4.27,00 l-':~c 28 COMMUNITY DEVELOPMENT DATE: TO: FROM: RE: May 31, 2000 Tom Ramsdell, Chair, Ted Yehle, Commissioner, Kevin Hanson, Commissioner, Daniel Shattuck, Commissioner, Stephen W. Johnson, Commissioner Kenneth R. Anderson, Community Development Director ~ Set July Meeting Date. The next regularly scheduled meeting of the Planning and Zoning Commission is Tuesday, July 4, 2000 (see attached). Because of the Independence Day Holiday, the meeting cannot be held on that date. The date selected by staff at the beginning of the year was to have the meeting held the following Tuesday, July 11, 2000. This will be one day after the City Council meets meaning that any action taken by the Commission will not be presented to the Council until July 24, 2000. An alternative date may be Wednesday, July 5, 2000 if a quorum can be held. Staff is requesting the Commission discuss the possible altemative meeting dates and select a meeting date. We have attached a copy of the June 2000 City Calendar to show the regular meeting dates and times for other Commissions in order to avoid a conflict in selecting the date. MOTION: Move to schedule July _, 2000 for the regular July meeting date of the Planning and Zoning Commission. Attachments: Schedule of Planning and Zoning Commission deadlines, June 2000 City Calendar. SCHEDULE OF PLANNING AND ZONING COMMISSION DEADLINES Planning and Zoning Commission Meetin§ Date January 4, 2000 February 1, 2000 March 7, 2000 April 4, 2000 May 2, 2000 June 6, 2000 Application Deadline December 10, 1999 January 14, 2000 February 11, 2000 March 17, 2000. April 14, 2000 MaY 19, 2000 Public Hearing Notice Mailinq Date December 22 January 21 February 18 March 24 April 21 May 26 June 23 July 11, 2000 June 16, 2000 Deliver Aqenda December 29 January 28 February 25 March 31 April 28 June 2 June 3. August 8, 2000 September 12, 2000 October 3, 2000 November 14, 2000 December 5, 2000 January 9, 2001 July 14, 2000 August 18, 2000 September 15, 2000 October 20, 2000 November 17, 2000 December 10, 2000 July 21 August 25 September 22 October 27 November 24 December 22 July 28 September 1 September 29 November 3 December 1 December 29 *Subject to change. Lotsplit ReZoning Conditional Use Permit Variance PLANNING AND ZONING FEE SCHEDULE $150- Residential $250-Commercial/Industrial 8500 8100 8 20 Filing Fee 75- Residential 100- Commerical/Industrial Appeal Site Plan Review P.U.D. Plat R.L.S. 8100 5150 8250 $25O 5100 une 2000 Community Development 4 11 18 25 7:00 PM Jambor- ee Coronation S MT WT F S 7 $ 9 lO !1 12 13 14 15 16 17 ig 19 20 21 22 23 24 25 26 27 28 29 30 31 5 S MTWT F S T 2 3 4 5 6 7 $ 9 I0 11-12 11 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5:00 PM Planning 7:00 PM Library mtg Decision Resources (CHCC) 7:00 PM Traffic Corn (CHCC) 7:00 PM Work Session (CHCR) 12 6:00 PM Humani- tarian of the Board (Library) 7:00 PM Planning & Zoning Corn (CHCC) 13 9:30 AM Sister Cities (CHCC) 7 14 1 15 2 3 Year Reception (CHCR) ~ 7:00 PM City Council Mtg (CHCC) 19 Session (CHCR) 2O 6:30 PM EDA (?vv) 7:00 PM Telecom- munications Pay Day 9 10 17 26 PM City Council Mtg (CHCC) 27 28 i6:30 PM Park & 16 24 Recreation Corn (~M) Com (CHCR) Pay Day 22 23 29 ee Parade iPay Day bor- 7:00 PM Jambor- ee Jr. Coronation Jamboree Fire- works at dusk CHCC - City Hall Council Chamber CHCR - City Hall Conference Rm JPM - Murzyn Hall PW- Parkview Villa