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HomeMy WebLinkAboutApril 3, 2007 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E" Columbia Heights, MN 55421-3878 (763) 706-3600 TOO (763) 706-3692 Visit Our Website at: www.ci.coiumbia-heights.mn.us MEMBERS: Marlaine Szurek, Chair Donna Scluniu Rob Fiorendino Mike Peterson David Thompson PLANNING AND ZONING COMMISSION MEETING 7:00 PM TUESDAY, APRIL 3, 2007 CITY HALL COUNCIL CHAMBERS 590 40TH AVENUE NE I. Roll Call 2. Minutes from the Planning and Zoning Commission Meeting of Mareh 6, 2007 3. Public Hearings: Case #2007-0401 CUP- WITIIDRA WN 3946 Central Avenue Minor Automobile Repair Case #2007-0402 CUP 2261 3 71h Avenue Frattalone's Greenhouse Case #2007-0403 Zoning Amendment Temporary Signs City of Columbia Heights Case #2007-0404 Zoning Amendment Parking Stall Lengths City of Columbia Heights 4. New Business 5. Other Business 6. Adjourn The Responsibility of the Planning Commission is to: . Faithfully serve the public interest. . Represent existing and fiJture residents, and base our decisions and recommendations on the Comprehensive Plan and Zoning Ordinance. . Recognize the rights of citizens to participate in planning decisions. . Protect the natural environment and thc heritage of the built environmcnt. . Exercise fail', honest, and independent judgment. . Abstain fl'Om participation when they may directly 01' indircctly benefit from a planning decision. OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVI ES EQUAL OPPORTUNITY EMPLOYER THE C1T PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING MARCH 6, 2007 7:00 PM The meeting was called to order at 7:00 pm by Chairperson, Marlaine Szurek. Roll Call: Commission Members present- Fiorendino, Schmitt, Peterson, and Szurek. Members Excused: Thompson Also present were Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Motion by Fiol'endino, seconded by Peterson, to approve the minutesji'om the meeting of January 3, 2007. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2007-0201 Bruce Whitney 4920 Tylcr St Lotsplit/CUP IV ariance INTRODUCTION Bruce Whitney is proposing to split the property located at 4920 Tyler Street in order to convert an existing duplex into a twin home. The Zoning Ordinance has recently been mnended to require a Conditional Use Permit (CUP) for all twin home proposals within the R-2A or R-2B, One and Two Family Residential Zoning Districts. The existing house located at 4920 Tyler Street is a duplex built in December 2006. The applicant stated that he wants to sell the properties to prospective property owners rather than manage the propeliy as a landlord. Because of the current orientation of the house on the property, a lot area variance will be necessary because the proposed lot split does not result in two equally sized parcels. COMPREHENSIVE PLAN The Comprehensive Plan guides this area towards Medium Density Residential. Both the current use as a duplex and the proposed use of this land as a twin home are consistent with the intent of the Comprehensive Plan. ZONING ORDINANCE The property is zoned R-2A, One and Two Family Residential. The minimum requirements for lot area, lot width and setbacks in the R2-A District for a twin home use are as follows: PLANNING & ZONING COMMISSION MINUTES PAGE 2 MARCI-I 6, 2007 Lot Area: Lot Width: Front Yard Setback: Side Yard Setback: Real' Yard Setback: 12,000 square feet 60 feet Average requirement o feet 20% of lot depth, The lot width and lot area requirements are the minimum standards required for properties prior to the lot split, in order to construct a twin home, The Zoning Code has specific requirements for zero lot line setbacks when taking twin homes into consideration, They are as follows: (I) The wall of the dwelling unit shall be placed upon said property line in a manner that does not encroach upon another property, The proposed lot line will split the structure into two separate living quarters, along a party wall, At no point does any portion of either dwelling unit encroach onto the neighboring property, (2) The applicant records all required agreements, easements and deed restrictions against all properties that abut the zero lot line, This condition will be attached to the Conditional Use Permit Resolution. The applicant will be re,lponsible for recording a party wall agreement as well as a driveway easement agreement between the two properties, (3) The minimum front, side and rear building setbacks shall be applied to the structure as a whole, rather than to individual units, The current structure is 20,6 feet from the northern property line, 5,34 feet from the southern property line, and approximately 56,5feetfi'om the rear property line, meeting the minimum setback requirements, The structure is setback 34,69 feet from the fi'ont property line, Given that the average setback of the houses 200 feet to the north and south is 35feet, the current location of the subject property meets the minimum front yard setback requirement, (4) The minimum lot area requirement shall be applied by dividing the sum of the area of all parcels occupied by the structure by the total number of dwelling units, The current property is 12,869 square feet, The existing house does not sit directly in the middle of the property, however it still meets all the minimum setback requirements, The minimum lot area for each property m1/st be 6,434,5 square feet, Therefore, a 1,199,5 square foot area variance is requiredfor the southern parcel. The park dedication fee for Parcel B will be $3,132.00, to be paid upon final approval of the lot split. PLANNING & ZONING COMMISSION MINUTES PAGE 3 MARCI-I 6, 2007 FINDINGS OF FACT (Minor Subdivision) Section 9.104 (1) of the Zoning Ordinance outlines eight conditions that must be met in order for the City to grant a minor subdivision. They are as follows: (a) The proposed subdivision ofland will not result in more than three lots. The proposed subdivision will result in the creation of two parcels. (b) The proposed subdivision of land does not involve the vacation of existing easements. No existing easements will be vacated as a result of the proposed minor subdivision. ( e) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the propcrty is located. The northern lot will be 7,634 square feet in area and the southern lot will be 5,235 square feet in area. The southern lot will require a 1,199.5 square foot area variance, as it is not one-half of the total lot area of the existing parcel of land. (d) The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. The property currently has adequate access to Tyler Street and will not require a dedication of the public right-ol-way for access purposes. (e) The property has not previously been divided through the minor subdivision provisions of this article. This property has not been previously subdivided through the minor subdivision process. (f) The proposed subdivision does not hinder the conveyance of land. This is a true statement. (g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is a true statement. (h) The proposed subdivision meets all of the design standards specified in Section 9.114. Section 9.114 refers to the subdivision regulations set forth in the City's Zoning Code. The proposed subdivision meets all of the design standards ;]Jecified in this section. FINDINGS OF FACT (Conditional Use Permit) Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City to grant a conditional use permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. A twin home use is specifically mentioned as a Conditional Use in the R-2A, One and Two Family Residential District. PLANNING & ZONING COMMISSION MINUTES PAGE 4 MARCH 6, 2007 (b) The use is in harmony with the gcneral purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area to'wards Medium Density Residential. Both the current use as a duplex and the proposed use of this land as a twin home are consistent with the intent of the Comprehensive Plan. ( c) The use will not impose hazards or disturbing influences on neighboring properties. The use of the building will change fi'om a rental dwelling to owner-occupied. This should not impose hazards or disturbing influences within a residential area. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of the property in the immediate vicinity would not be diminished with this proposal. The building is an existing structure on the property. ( e) The use will be designed, constructed, operated and maintained in a manner that is compatiblc with the appcarance of the existing or intended character of the surrounding area. The character of the surrounding area isfor one and two family households. The twin home proposal would be consistent with the character of the surrounding area. (1) The use and property upon which the use is located are adequately served by essential public facilities and services. The properiy located at 4920 Tyler Street meets this criterion. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation oftratUc. Trqffic congestion will not be a problem with a two-family residential use within a residential district. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. The use will not cause a negative cumulative effect in the area. The proposal 'would be reducing the number o,frental units in the neighborhood. (i) The use complies with all other applicable regulations for the district in which it is located. The use requires a lot area variance as applied for. FINDINGS OF FACT (Val'iance) Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City to grant a variance. They are as follows: (a) Because of the pmiicular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The overall size of the property meets the minimum standards to allow a twin home use. The conditions for a zero-foot lot line setback require that the parcel be equally split when establishing a twin home. The hardship in this case is that the dwelling is in an existing location on the property that would disallow the parcel to be split evenly. PLANNING & ZONING COMMISSION MINUTES PAGE 5 MARCH 6, 2007 (b) The conditions upon which the variancc are based are unique to the specific parccl of land involved and are generally not applicable to other properties within thc same zoning classification. There are velyfeyv duplex dwellings located on parcels greater than 12,000 square feet in area in the City ofColwnbia Heights. Of those that are, there are fewer that would be ahle to be converted to twin homes because of the inside configuration of the dwelling units. (c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The applicant built the dwelling unit with the purpose of creating a duplex and renting out each side of the building. At this time, the applicant would like to be able to sell both sides of the building to an owner-occupied tenant. (d) The granting ofihe variance is in harmony with the general purpose and intent of this Comprehensive Plan. The Comprehensive Plan guides this area towards Medium Density Residential. A twin home use is consistent with the intent of the Comprehensive Plan. (e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variance would not change the physical make-up of the property in the least. The existing building will remain in its current location, with no additions proposed. The requirement of the variance is necessary to change the use of the building }i'om rental units to o;vner-occupied units. Staff recommends approval ofihe Lot Split, the CUP, and the Variance with the conditions noted in the motions. Ouestions bv membcrs: Szurek questioned how they would know the firewall separation is in place. Sargent explained that it is a condition of approval and that the building official has already informed them that they will need to add sheetrock to each party wall to make them a two hour separation to meet the requirement. Fiorendino understands the intent is to sell the units and hopefully, have them owner occupied. However, he pointed out there is nothing in our code that would prevent them from being rental property. He asked if the current owner is the person who converted it from single family to a double bungalow and whether hc created his own hardship so that a variance was now needed. Sargent explained that since it was not a whole new structure and that the old single family home was added on to to create a double that this was not a plarmed misuse of land. Had the owner planned to build a twin home from the begirming or had he torn the old house down and built an entirely new structure, then he would have had to place it in the center of the lot, so there wouldn't have been a hardship. PLANNING & ZONING COMMISSION MINUTES PAGE 6 MARCH 6, 2007 Sargent was asked what would stop any owner il'om building a double/duplex then splitting it into two parcels. Members were concerned about setting precedence with owners of other doubles throughout the city. Sargent said they would need to have a minimum of 12,000 sq. ft. in ordcr to consider doing this, and there arc very few lots in the city that would meet all the requirements and setbacks. Szurck asked if the property had ever been used as a double bungalow mld was told it has not been rented since changing the use to a double bungalow. Schmitt questioned whether two single car garages met our code requirements. She thought single family homes must have double garages, so wondered if another variance might be needed for this discrepancy. The Public Hearing was opened: Marv Sowada of 4990 Johnson Street and who owns a double bungalow near this property voiced his opinion that he didn't think a variance should be granted as the owner created his own hardship. He thinks the building could have been constructed differently and placed in the middle of the lot. He also thirues it is misleading to be advertising this for sale as a twin home when it hasn't even been approved yet. Bruce Whitney one of the owners of the property explained that when he pulled the permit, he was told he couldn't build a twin home, but he could construct a double bungalow and did so. This project stmted just prior to the moratorium prohibiting doubles and twin homes from being constructed until the zoning and criteria could be established that would limit additional rental properties from being built on small lots. It was in the process of construction when the new zoning requirements were established. Therefore, since the time the project started, the council has set the criteria whereby a twin home may now be possible and may limit additional rental property. Sargent thought this now makes this property a Legal non-conforming structure. Sargent went on to remind members that the property is not being re-zoned. It is in a R-2A district with other doubles in the surrounding neighborhood. It was built as a double bungalow and whether it is rented or not, does not change that it will be used for two families. It will not look any different than it does now. Fiorendino clarified that a double/duplex can be built off center, but a twin home couldn't since it needs to be split equally and mcct minimum square feet and setback requirements. Peterson again asked whether a double bungalow or twin home would need a double garage for each unit. Sm'gent said that he would need to go back and look at the original building permit application and any notes about the approval, and then speak to the City Attorney for an interpretation as to whether another variance may be needed. He will do this research prior to the next council meeting and if the present requests need to be withdrawn or if additional variances need to be applied for, he will contact the applicant. But for now, the Commission should make their recommendation based on the information at hand assuming there are no further issues. PLANNING & ZONING COMMISSION MINUTES PAGE 7 MARCH 6, 2007 The Public Hearing was closed. Alotion by Scmitt, seconded by FioJ'endino, that the Planning Commission recommends the City Council approve the minor subdivision of the property located at 4920 Tyler Street for the purpose of creating parcels for a twin home, subject to certain conditions of approval that have been found to be necessOlY to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All applications materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount 0/$3,132.00, due at the time of final approval by the City Council, and prior to any permits issued/or the property. All ayes. MOTION PASSED. RESOLUTION NO. 2007-XX RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR BRUCE WHITNEY WHEREAS, a proposal (Case No. 2007-020 I) has been submitted by Bruce Whitney to the City Council reqliesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 4920 Tyler Street EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall TJ-lE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns relatcd to traffic, property values, light, ail', danger of fire, and risk to public safcty, in the surrounding area; and has held the required public hearing on this proposal on March 6, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: I. The proposed subdivision of land will not rcsult in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing eascments. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. 5. The properly has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision docs not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments 01' the keeping of records related to assessments. 8. The proposed subdivision meets all ofthe design standards specified in the (;9.114. PLANNING & ZONING COMMISSION MINUTES PAGE 8 MARCH 6, 2007 FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: I. All application materials, maps, drawings and descriptive information submitted with this application shall become part ofthe permit. 2. The applicant shall pay a park dedication fee in the amount of $3,132.00, due at the time of final approval by the City Council, and prior to any permits issued for the property. Motion by Schmitt, seconded by Firoendino, that the Planning Commission reconunends the City Council approve the Conditional Use Permit for Twin Home use, subject to certain conditions of approval that have been found to be necessalY to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The shared party wall shall have not less than a one-hour fire resistive rating with exposure pom both sides. 3. A shared parking/driveway easement shall be' drawn up and recorded with Anoka County for the shared use of the driveway. 4. That the applicant is rei>lJOnsible for recording all agreements, easements and deed restrictions against all properties abutting the zero lot line. Al! ayes. MOTION PASSED. RESOLUTION NO. 2007-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR BRUCE WHITNEY WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0201) has been submitted by Brnee Whitney to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4920 Tyler Street LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (F)(3)(b). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 6, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect ofthe proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of nses, traffic, property values, light, air, danger of fire, and risk to public safety in the sUl"rounding areas; and PLANNING & ZONING COMMISSION MINUTES PAGE 9 MARCI-I 6, 2007 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings ofthe Planning Commission: I. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 5. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the 'attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (I) calendar veal' after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: I. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The shared party wall shall have not less than a one-hour fire resistive rating with exposure from both sides. 3. A shared parking/driveway easement shall be drawn up and recorded with Anoka County for the shared use of the driveway. 4. The applicant is responsible for recording all agreements, easements, and deed restrictins against all prope1ties abutting the zero lot line. Motion by Schmitt, seconded by Peterson, that the Planning Commission recommends the City Council approve the 1,199,5 square foot area variance for the southern parcel located at 4920 Tyler Street for the purpose of creating a twin home, All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES PAGE 10 MARCH 6, 2007 RESOLUTION NO. 2007-XX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR BRUCE WHITNEY WHEREAS, a proposal (Case # 2007-0201) has been submitted by Brucc Whitney to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4920 Tyler Strcet LEGAL DESCRIPTION: On file at City Hall THE APPLICANT SEEKS TIlE FOLLOWING RELIEF: AI, 199.5 square foot area variance for the creation of a new lot pCI' Code Section 9.109 (D)(4).. WHEREAS, the Planning Commission has held a public hcaring as required by the City Zoning Code on March 6, 2007; WHEREAS, the City Council has considered the advice and rccommendations of the Planning Commission regarding the effect of thc proposed variance upon the health, safety, and wclfare of the community and its Comprehensive Plan, as wcll as any concern related to tramc, property values, light, ail', danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by thc City Council of the City of Columbia Heights that thc City Council accepts and adopts the following findings ofthe Planning Commission: 1. Becausc ofthe particular physical surroundings, 01' the shape, configuration, topography, or othcr conditions of the specific parcel of land involved, wherc strict adherencc to the provisions ofthis Ordinancc would cause undue hardship. 2. The conditions upon which the variancc is based arc unique to the specific parcel of land involvcd and are gcnerally not applicable to other properties within the same zoning classification. 3. The difficulty 01' hardship is caused by the provisions of this Ordinance and has not been crcated by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purposc and intent of thc Comprehensive Plan. 5. Thc granting of thc variance will not bc materially dctrimental to the public welfare 01' materially injurious to the enjoyment, use, developmcnt 01' value of propelty 01' improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. These Resolutions will go to the City Council March 26, 2007. PLANNING & ZONING COMMISSION MINUTES PAGE 11 MARCI-I 6, 2007 CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2007 -030 1 Linder's Greenhouses, Inc. 4300 Central Avenue, Rainbow Parking Lot Conditional Use Permit for Seasonal Sales INTRODUCTION Linder's Greenhouse has applied for a Conditional Usc Permit to allow the operation of a seasonal mini- garden centcr for flowering plants and retail sales. According to Section 9.106 (G)(5) of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits the number of days that seasonal agricultural sales may occur to 90 days. The applicant proposes to operate the garden center for 90 days, from Aprill51h through July 151h. The attached site plan illustrates the configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the samc as previous years with four, six - foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. The two structures and patio will displace approximately 30 parking spaces and a drive aisle. This will be the Linder's 181h year operating a temporary greenhousc at this location III Columbia Heights. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent ofthe City's Comprehensive Plan. ZONING ORDINANCE The zoning classification for this property located at 4300 Central Avenue is GB, General Business District. Retail uses are allowed in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(lO) of the Zoning Ordinance requires that commercial uses provide I parking space for each 300 square feet of use. Therefore, the existing 144,900-square-foot commercial building is required to have 483 parking spaces. After using the 30 parking spaces for the greenhouses, the site still has 598 parking spaces. Furthermore, with the location of the display area on the opposite side ofthe parking lot as the store entrances, the operation should not have any effcct on vehicular access for the site. Please note that the Fire Departmcnt has reviewed the proposal and has no concerns regarding it. PLANNING & ZONING COMMISSION MINUTES PAGE 12 MARCH 6, 2007 FINDINGS OIf FACT Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Seasonal agricultural sales is a Conditional Use in all zoning districts, and is considered retail sales, which is permitted in the GB, General Business District. 2. The use is in harmony with the general purpose and intent ofthe Comprehensive Plan. The Comprehensive Plan guides the subject propertyfor commercial use. Seasonal agricultural sales are allowed as conditional uses in all residential districts. 3. The use will not impose hazards or disturbing influences on neighboring properties. The closest residential property to the south is over 300 feetfi~om the proposed temporary use. In addition, the amount of space dedicated for the greenhouse sales is relatively small at approximately 1,000 square feet. Therefore, the proposed temporary use should not have any detrimental impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. The garden center as proposed will have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Linder's has been in operation for 17 years at this location, with the City experiencing no complaints. The proposed garden center should not negatively impact the existing character of the vicinity. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. The property is currently served by adequate public roadways and necessary utilities. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The trqffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 8. The use will not cause a negative cumulative effect on other uses in the inunediate vicinity. As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are zoned for residential and commercial uses. 9. The use complies with all other applicable regulations for the district in which it is located. As determined by staff, the use complies with the applicable regulations of the GB, General Business District. PLANNING & ZONING COMMISSION MINUTES PAGE 13 MARCH 6, 2007 Staff recommcnds that the Planning Commission recommend that the City Council approve the Conditional Use Permit for seasonal agricultural sales subject to conditions of approval outlined below. Questions bv Members: Fiorendino asked if the deposit was ever needed or used to do clean up of the site. Sargent stated that it had never been used to his knowledge. Public Hearing was opened. No one was present to spcak on this matter. Public Hearing was closed. Motion by Peterson, seconded by Schmitt, that the Planning Commission recommends the City Council approve the Conditional Use Permitfor seasonal agricultural sales at 4300 Central Avenue NEfi'om April 15 through July 15, 2007, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The outdoor storage shall be located as indicated on the site plan. 2. The $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be r~funded after the Conditional Use Permit expires and the site has been cleaned up. 3. The proposedfence must be 20feetfi'om the retaining wallfor safety vehicular access. All ayes. MOTION PASSED. The following Resolution will go to the City Council March 26,2007. RESOLUTION NO. 2007-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LINDER'S GREENHOUSES, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEIUCAS, a proposal (Case #2007-0301) has been submitted by Linder's Greenhouses, Inc. to the City Council requcsting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Codc Section 9.110 (E)(3)(g), to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 6, 2007; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uscs, traffic, property valucs, light, air, danger of fire, and risk to public safety in the surrounding areas; and PLANNING & ZONING COMMISSION MINUTES PAGE 14 MARCH 6, 2007 NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uscs listed for the zoning district in which the property is located, 01' is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehcnsive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish thc use of property in the immediate vicinity. 5. The use will be designed, constl'llcted, opcrated and maintaincd in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The nse and property upon which thc use is located are adequately served by essential public facilitics and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation oftraffic. 8. The use will not cause a negative cumulative cffect, when considered in conjunction with the cumulativc effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and othcr information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall becomc null and void if the projcct has not been complcted within one (1) calendar vear after thc approval date, subject to petition for renevyal of the permit. CONDITIONS ATTACHED: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. CASE NUMBER: APPLICANT: REQUEST: 2007-0302 City of Columbia Heights Zoning Amendment to the Zoning Code as it relates to Seasonal Outdoor Sales BACKGROUND Since Seasonal Outdoor Sales applications that arc received by the City are proposed by companies that have been conducting the same business in the same location for a considerable amount of time, staff is proposing an amendmcnt to the Zoning Code eliminating the requirement for a Conditional Use Permit (CUP) for all future Seasonal Outdoor Sales activities. All future Seasonal Outdoor Sales activities would be a permitted use in the district which they are currently allowed, and would require a peddler's license through the City. When applying for the peddler's license, the applicant would still be subject to review from the Planning, Building and Fire Departments for compliance to the City Code. PLANNING & ZONING COMMISSION MINUTES PAGE 15 MARCH 6, 2007 COMPREHENSIVE PLAN The proposed zoning amendment would not affect the Comprehensive Plan, as no new zoning districts would be created. FINDINGS OF FACT The City Council shall make thc following 4 findings before granting approval of a request to amend the City Code. These findings are as follows: a) The amendment is consistcnt with the comprehensive plan. The amendnwnt is consistent with the Comprehensive Plan because no new zoning districts will be created with the proposed zoning amendment. b) The amendmcnt is in the public interest and is not solely for thc benefit of a single property owner. The proposed amendment would allow for a better use of time for the Planning Commission and City Council. All future Seasonal Sale operators would be qffected. Ther~fore the proposed zoning amendment would not be solely for the ben~fit of a single property owner. c) Wherc the amendment is to change the zoning classification of a patticular property, the existing use of the property and the zoning classification of property within the gencral area of the property in question are compatible with the proposed zoning classification. The zoning amendment does not change the zoning classification of a particular property. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The zoning amendment does not change the zoning classification of a particular property. City Staff rccommcnds that the Planning and Zoning Commission rccommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would allow for seasonal outdoor sales to be a permitted use in the districts in which they are currently allowed. The requirement for a Conditional Use Pcrmit for such activity would be abolished. Questions by mcmbers: Fiorcndino wanted to make sure the requirements aren't changing in any way, just the process of approval. Sargcnt confirmed that it would still go through the same departmental checks and that the businesses will pay a liccnse fee each year rather than going through the conditional use permit process. Public Hearing was opened. No one was prcsent to speak on this. Public Hearing was closed. PLANNING & ZONING COMMISSION MINUTES PAGE 16 MARCH 6, 2007 Motion by Fiorendino, seconded by Schmitt, that the Planning Commission recommends the City Council approve the text amendments as outlined in the attached drC(fi ordinance. All ayes. MOTION PASSED. ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE GB, GENERAL BUSINESS AND CBD, CENTRAL BUSINESS DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS Thc City of Columbia Heights docs ordain: Chapter 9, Article I, Scction 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.103 DEFINITIONS. For the pUlpose '{[ this article, the following d~finitions shall apply unless the context clearly indicates or requires a dijferentmeaning. OUTDOOR SALES AND/OR DISPLAY, SEASONAL. The selling or di,playing of retail merchandise olltside tlte principal strllctllre, and on the same lot as the principal strllctllre. SlIch sales and/or display may be located in atempormy st/'/lctllre SlIch as a kiosk, greenhollse or tempormy tent. Examples of merchandise to be sold include agricultural prodllcts,jirell'orks, Christmas trees, and the like. Chapter 9, Article 1, Section 9.11 0 '([the Columbia Heights City Code, is proposed to include the following additions and deletions: ~ 9.110 COMMERCIAL DISTRICTS. (E) GB, General Business. (2) Permilled Uses. Except as specifically limited hercin, the following uses are permitted within the GB, Gcneral Business District: (a) Community Center. (b) Government office. (c) Government protective service facility. (d) Public park and/or playground. (e) Rccreational facility, indoor. (I) Recreational facility, outdoor. (g) School, vocational 01' bnsiness. (h) School, performing/visual/martial arts. (i) Auditorium/place of assembly. U) Automobile convenience facility. (k) Automobile repair, minor. PLANNING & ZONING COMMISSION MINUTES PAGE 17 MARCH 6, 2007 (I) Banquet Hall. (m) Billiards Hall. (n) Bowling Alley. (0) Cat. wash. (1') Clinic, medical 01' dental. (q) Clinic, veterinary. (1') Daycare facility, adult 01' child. (s) Financial institution. (t) Food service, convcnience (fast food). (u) Food servicc, limited (coffee shop/deli). (v) Food service, full scrvice (restaurant/nightclub). (w) Funeral home. (x) Grecnhouse/garden center. (y) Health 01' fitness club. (z) Hotel/motel. (aa)LaboratOlY, medical. (bb) Liquor storc, off-sale. (cc)Museum 01' gallmy. (dd) Office. (ee)Retail sales. (ff) Scrvice, professional. (gg) Shopping Center. (hh) Studio, professional. (ii) Studio, radio and television. Uj) Theater, livc performance. (kk) Thcater, movie. (II) Outdoors sales aud/or display, seasoual. ~ 9.110 COMMERCIAL DISTRICTS. (E) GB. General Business. (3) Conditional VI'es. Except as specifically limited herein, the following uses may be allowcd in the GB, General Business District, subjcct to the regulations set forth for couditional uses in ~ 9.104, Administration and Enforcement, and the regulations for specific uses set forth in S 9.107, Specific Developmcnt Standards: (a) Government maintcnance f,wilily. (b) Arcadc. (c) Automobile sales/rental, new and used. (d) Recreational vehicle sales, new 01' used. (e) Firearms dcaler/Shooting range. (f) Hospital. (g) Outdoer sales 01' disj31ayo (h) Outdoor storage. (i) Parking Ramp. Ul Assembly, manufacturing and/or processing. (k) Printing and/or publishing. (I) Consignment/Secondhand store. (m) Club 01' lodge. (n) Currency exchange. (0) Pawnshop. (I') Drop-in facility. PLANNING & ZONING COMMISSION MINUTES PAGE 18 MARH 6, 2007 (F) CBD, Central Business District. (2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the CBD, Central Business District. (a) Multiple-family residential, when located above a first floor commercial use. (b) Community center. (c) Government office. (d) Government protective services facility. (e) Public parks and/or playgrounds. (t) Recreational facility, indoor. (g) Recreational facility, outdoor. (h) School, vocational or business. (i) School, performing/visual/martial arts. U) Auditorium/place of assembly. (k) Banquet hall. (I) Billiards hall. (m) Bowling alley. (n) Clinic, medical or dentist. (0) Clinic, veterinary. (p) Licensed day care facility, adult or child. (g) Financial institution. (r) Food service, convenience (fast food). (s) Food service, limited (coffee shop/deli). (t) Food service, full service (restaurant/nightclub). (u) Health or fitness center. (v) Hotel or motel. (w) Laboratory, medical. (x) Lignor store, off-sale. (y) Museum or gallery. (z) Office. (aa) Retail sales. (bb) Service, professional. (cc) Studio, professional. (dd) Studio, radio or television. (ee) Theater, live performance. (ft) Theater, movie. (gg) Outdoor sales aud/or display, seasoual. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in S 9.104, Administration and Enforcement, and the regulations for specific uses set forth in S 9.107, Specific Development Standards. (a) Government maintenance facility. (b) Arcade. (c) Automobile repair, minor. (d) Gffideol' sales aHd/oHl~ ( e) Outdoor storage. (t) Parking ramp. (g) Club or lodge. Section 2: This ordinance shall be infullforce and effectfi'om and after 30 days 'ifter its passage. PLANNING & ZONING COMMISSION MINUTES PAGE 19 MARCI-I 6, 2007 NEW BUSINESS None OTHER BUSINESS None The meeting was adjourned at 8: 15 pm. All Ayes. Respectfully submitted, Shelley Hanson Secretary CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007 -0402 DATE: April 3, 2007 TO.: Columbia Heights Planning Commission APPLICANT: Frattallone's Ace Hardware Store LQCATIQN: 2261 - 3ih Avenue NE REQUEST: Conditional Use Permit for Seasonal Sales PREPARED BY: Jeff Sargent, City Planner INTRODUCTION Frattallone's Ace Hardware has applied for a Conditional Use Permit to allow the operation of a seasonal mini-garden center for flowering plants and retail sales. According to Section 9.106 (G)(5) of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits the number of days that seasonal agricultural sales may occur to 90 days. The ap~licant proposes to operate the garden center for 90 days, from April 15th through July 15 h (see attached letter). The attached site plan illustrates the 21 'x48' tent location, which will be located directly in front of Ace Hardware. This site plan and configuration remains unchanged from previous years. The greenhouse structure will be the same as previous years with two, six-foot doors remaining open at all times during business hours. There will be at least two fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. The greenhouse will displace approximately seven parking spaces. This will be the Frattallone's 14th year operating a temporary greenhouse at this location in Columbia Heights. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. City of Columbia Heights Planning Commission Frattalione's Greenhouse - Conditional Use Permit Aprii 3, 2007 Case # 2007-0402 ZONING ORDINANCE The property is zoned GB, General Business, in which retail sales are permitted. The Frattallone's proposal will impact approximately seven parking spaces. The proptery upon which the tent will be situated has 162 parking stalls devoted to the shopping center use. The shopping center itself is required to have a minimum of 132 parking stalls. Overall, the proposed tent will have relatively little impact on the site, as there is currently an abundance of parking spaces and drive aisle access will not be impacted. Please note that the Fire Department has reviewed the proposal and has no concerns regarding it. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Seasonal agricultural sales is a Conditional Use, and is considered retail sales, which is permitted in the GB, General Business District. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides the subject property for commercial use. Retail sales, such as greenhouses, is a permitted use in the commercial areas. 3. The use will not impose hazards or disturbing influences on neighboring properties. The outdoor tent and related business proposed will be placed in the southeasterly portion of the parking lot away from residential properties and should not have any detrimental impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. The garden center as proposed will have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Page 2 City of Columbia Heights Planning Commission Frattallone's Greenhouse - Conditional Use Permit April 3, 2007 Case # 2007-0402 Frattallone's has been operating a seasonal greenhouse at this location for 13 years, with the City experiencing no complaints. The proposed garden center should not negatively impact the existing character of the vicinity. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. Adequate public roadways and necessary utilities currently serve the property. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 8. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are zoned for residential and commercial uses. 9. The use complies with all other applicable regulations for the district in which it is located. As determined by staff, the use complies with the applicable regulations of the GB General Business District. RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit for seasonal agricultural sales subject to conditions of approval outlined below. Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for seasonal agricultural sales at 2261 - 3yth Avenue NE from April 15th through July 15th, 2007, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. Page 3 . City of Coiumbia Heights Planning Commission Frattalione's Greenhouse - Conditional Use Permit April 3, 2007 Case # 2007-0402 Attachments . Location Map . Site Plan Page 4 RESOLUTION NO. 2007-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FRATTALONE'S ACE HARDWARE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0402) has been submitted by Frattalone's Ace HaTdware to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 2261 - 3ih Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(g), to allow outdoor sales or display. WHEREAS, the Plarming COlllinission has held a public hearing as required by the city Zoning Code on April 3, 2007; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect ofthe proposed conditional use permit upon the health; safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, propelty values, light, air, danger of tire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: I. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the illlinediate vicinity. 5. The use will be designed, constructed, operated and maintained in a maimer that is compatible with the appearance ofthe existing or intended character of the surrounding area. 6. The use and propelty upon which the use is located are adequately served by essential public facilities and services. Resolution No. 2007-XX Page 2 7. Adequate measurcs have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. Thc use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar veal' after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall bc submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. Passed this _ day of March 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. 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Shara eatntttt :'tave 21 r ;( 50' ~ 1, 7'2S.GO Oaer1 mul1cBC -:lTf nra bane:"! :OQ& StaQf- nQm~ ......ro.llrt nCI ~n use. CANAOA CALL t -507-663-0362 ?f) Sex. J.Sd GA.57L2 ~CCK MN :5U1C ~'< 1-507-66J-03~~ 1-800~852.3443 . ,- CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007 -0403 DATE: April 3, 2007 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Temporary Signage PREPARED BY: Jeff Sargent, City Planner BACKGROUND Staff proposes amending the zoning code regarding temporary signage to better implement the intent of the goals of the Comprehensive Plan and the Design Guidelines adopted for the Central Avenue and 40th Ayenue corridors. . A temporary sign is defined in the City Code as "A sign, banner, pennant, valance, or advertising device intended to be displayed for a limited period of time, whether portable or attached to the principal structure". The current zoning code allows for temporary signage that is not consistent with the intent of the Comprehensive Plan or Design Guidelines for the Central Avenue and 40th Avenue corridors. The current code allows for clutter that is aesthetically unappealing and does not implement the policies outlined in Design Guidelines. A survey of the Central Avenue corridor revealed that there are approximately 112 temporary signs along the 2-mile stretch of road, not including the temporary signage used in the City of Hilltop. Lack of effective regulation regarding temporary signage is found in the following areas: 1. The permitted location of a temporary sign on a building. 2. The number of temporary signs allowed on a building at any given time. 3. The duration in which a temporary banner may be displayed for. 4. Freestanding portable signage less than 8 square feet in area. LOCATION. The current Sign Code allows temporary signs to be placed anywhere on the building. The current code would allow for signs to hang from canopies, roofs, posts, and the like. (Figure 1, and Figure 2). . City of Columbia Heights Planning Commission Text Amendment, Temporary Signage , ~; FIGURE 1 April 3, 2007 Case # 2007-0403 I r FIGURE 2 Appropriate language should be added to the ordinance limiting the placement of a temporary sign to ensure direct and full contact with the wall to which it is affixed. This placement is preferred, as it would promote a better aesthetic appeal. Temporary signs would no longer be able to be strung above bay doors or hung from a canopy. A specific intent of the Design Guidelines is to focus on enhancing the building's architectural features, and regulating the placement of the signage would achieve this. NUMBER. The current Sign Code allows any number of temporary signs to be plac~d on the building at any given time, and restricts each sign to be no more than 60 square feet in size. (Figure 3 and Figure 4). FIGURE 3 "~.'.~!; (:~~ ':r:-t~;x ;.,.,. .'"~ FIGURE 4 Allowing any number of temporary signs on a building increases the amount of clutter on the building and decreases its aesthetic value. In relation the businesses along Central and 40th Avenues, it would be counterintuitive to mandate strict architectural design guidelines for a building, only to allow businesses to place as many temporary signs on the building as they pleased. Page 2 City of Columbia Heights Planning Commission Text Amendment, Temporary Signage April 3, 2007 Case # 2007-0403 Staff's preference would be to add language to the ordinance restricting the number of temporary signs a business would be able to display at any given time. This would be more consistent with the Design Guidelines as it would allow a better promotion of the architectural detailing of each building. DURATION. The current Sign Code not only allows for any number of temporary signs to be placed on a building, it also allows for the temporary signs to be in place for an indefinite amount of time. The intent of allowing temporary signs is for promotional purposes, and they are not intended for permanent advertising. However, with no time duration established for temporary sign display, businesses can legally display temporary signs for any amount of time. (Figure 5 and Figure 6) FIGURE 5 FIGURE 6 Staff's preference would be to add language to the ordinance restricting the amount of time a temporary sign could be in place for, as well as restricting the total number of temporary signs a business could display in a calendar year. This would dramatically reduce the clutter on commercial buildings throughout the City and would be more consistent with the Design Guidelines. Further examples of temporary signs used as permanent signage can be found in Figures 7 and 8. FIGURE 7 Page 3 , City of Columbia Heights Planning Commission Text Amendment, Temporary Signage April 3, 2007 Case # 2007-0403 PORTABLE SIGNS. The current Sign Code allows for any number of freestanding temporary signs, as long as they do not exceed 8 square feet in size. The Sign Code does not regulate where the signs may be located, the materials the signs should be made of, the professionalism of the sign, or how long the sign may be erected. (Figure 9 and Figure 10). FIGURE 9 It would be preferable if language were added to the ordinance to limit the number of freestanding portable signs as well as the placement of such signs on the property. Doing so would reduce clutter associated with the placement of numerous signs along Central Avenue and would increase the aesthetic value of Columbia Height's commercial corridors. Staff would also prefer a concise definition added to the code as to the type of freestanding portable signage that would be allowable. Staff feels that eliminating "stick-in-the-ground" signs would be beneficial, as these types of signs tend to get knocked down, pulled out of the ground, or blown over. (Figure 11 and Figure 12) FIGURE 11 ~;:,'. FIGURE 12 Page 4 , City of Columbia Heights Planning Commission Text Amendment, Temporary Signage April 3, 2007 Case # 2007-0403 Without effective regulation to establish minimum standards to guide the use of temporary signage, 40th Avenue and particularly Central Avenue will continue to have a shoddy, cluttered and unkempt appearance. The proposed amendments would not take away the ability for a business owner to utilize temporary signage, rather it would mandate a set of minimum standards to display a temporary sign, in the same manner as displaying permanent signage. Discussion of regulations begins with identifying the community's goals for aesthetics and image found in the Comprehensive Plan. The Comprehensive Plan identifies the goals; the purpose of the zoning ordinance is to guide private activity toward the achievement of those goals. , I r I I ! COMPREHENSIVE PLAN The City's Comprehensive Plan indicates several goals for the economic and commercial vitality of the city. Some of these goals include: 1. Establishing and maintaining a strong sense of community. 2. Strengthening the image of the community as a desirable place to live and work. 3. Enhancing the physical appearance of the community. 4. Improving the image of commercial areas as friendly and safe environments for residents and visitors. . The implementation of these goals centers on the City's ability to redevelop the commercial and retail sectors and establish a friendly working and living environment for the residents of and visitors to Columbia Heights. A coalition was formed in 2002 to draft the Design Guidelines required for future development and redevelopment projects along 40th Avenue and Central Avenue. The Design Guidelines establish a set of minimum standards for developers and the City to follow when constructing new buildings or building additions to existing ones. The intent of the Design Guidelines is to establish a basis for implementing the goals outlined in the Comprehensive plan. The proposed zoning amendments facilitate the ability to carry this intent forward. The objective in the Design Guidelines for signage is that "signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part of building and site design" The Design Guidelines regulate such things as the types of signs to be used, the shape of signs, the placement of signs on the building, the colors and materials the signs could incorporate, and the illumination of the signs. The Design Guidelines incorporate these specific criteria in order to enhance the aesthetic appeal of the city. Page 5 , City of Columbia Heights Planning Commission Text Amendment, Temporary Signage April 3, 2007 Case # 2007-0403 FINDINGS OF FACT The City Council shall make the following 4 findings before granting approval of a request to amend the City Code. These findings are as follows: a) The amendment is consistent with the comprehensive plan. The proposed amendment would make the current standard for temporary sign age more consistent with the intent of the Comprehensive Plan and Design Guidelines. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The Design Guidelines coalition formed in 2002 was partly comprised of citizens and business owners representing the public at large. The proposed amendment would establish standards along Central Avenue, which would better reflect the intent of theDesign Guidelines. For this reason, the proposed amendment would be beneficial to the public. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the 'property in question are compatible with the proposed zoning classification. The zoning classification of land will not change. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The zoning classification of land will not change. RECOMMENDATION: City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments . Draft Ordinance Page 6 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007 -0404 DATE: April 3, 2007 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Parking Stall Lengths PREPARED BY: Jeff Sargent, City Planner BACKGROUND Staff proposes amending the zoning ordinance regarding parking stall lengths to better implement the intended goals of the Comprehensive Plan. Reducing the parking stall lengths would provide better flexibility in sit~ design, while helping to potentially reduce hard surfaces and providing better on-site traffic circulation. In the past year, the Sarna's Restaurant, Taco Bell and Comforts of Home have submitted land use applications requesting a variance to the parking stall length requirement. In all cases, the applicants requested a reduction from the standard 20- foot parking stall length to 18 feet. Ultimately, the Council approved the parking stall length reduction for the Sarna's Restaurant and Comforts of Home. In each case, the applicants argued that the 20-foot parking stall length was an unnecessary restriction, stating that an 18-foot parking stall length would result in better traffic circulation throughout the development, an increase in the amount of green space on the parcel, and less surface water runoff. Staff conducted a survey of the other first- ring suburbs, as well as Minneapolis and St. Paul, focusing on 900 head-to-curb parking stall lengths. The following table shows the results of the survey for standard sized cars: City Stall Width Stall Lenqth Brooklyn Center 8'81J 18' Columbia Heights 9' 20' Edina 8'6" 18' Fridley 9' 18' Golden Valley 9' 18'6" Maplewood 9'6" 18' . City of Columbia Heights Pianning Commission Text Amendment, Parking Stali Lengths April 3, 2007 Case # 2007-0404 City Minneapolis New Brighton Plymouth Robbinsdale Rosevilie Saint Anthony Saint Louis Park Saint Paul West Saint Paul Stall Width 8'6" 9' 9' 8'6" 9' 9' BJ6JJ 9' 9' Stall Lenqth 18' 18' 18'6" 18' 18' 19' 18' 18' 20' Five cities, namely Columbia Heights, Golden Valley, Plymouth, Saint Anthony and West Saint Paul, require a parking stall length of greater than 18 feet. Of those five cities, only Columbia Heights and West Saint Paul require a minimum parking stall length of 20 feet. Of the 15 cities surveyed, 10 cities allow a minimum parking stall length of 18 feet. COMPREHENSIVE PLAN Discussion of regulations begins with identifying the community's economic development goals for promoting the city, found in the Comprehensive Plan. The Comprehensive Plan identifies the goals; the purpose of the zoning ordinance is to guide private activity toward the achievement of those goals. The City's Comprehensive Plan indicates several goals for the economic and commercial vitality of the city. Some of these goals include: 1. Enhance the economic viability of the community. 2. Promote reinvestment in properties by the commercial and industrial sectors. 3. Provide a wide variety off employment opportunities within the community. 4. Reduce and control excessive volumes and rates of rainwater runoff. The implementation of these goals centers on the City's ability to redevelop the commercial and retail sectors and establish a friendly working and living environment for the residents of and visitors to Columbia Heights. Reducing the parking stall lengths from 20 feet to 18 feet would provide better flexibility in site design, traffic flow, and traffic accommodation on a property. FINDINGS OF FACT The City Council shall make the following 4 findings before granting approval of a request to amend the City Code. These findings are as follows: a) The amendment is consistent with the comprehensive plan. Page 2 City of Columbia Heights Planning Commission Text Amendment, Parking Stall Lengths April 3, 2007 Case # 2007-0404 The Comprehensive Plan indicates several goals for economic development in relation to the commercial sectors of the city. By reducing the parking stall lengths, more flexibility would be provided, which in turn could promote economic growth throughout the City. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment is consistent with the majority of the minimum standards for parking stall lengths throughout the first-ring suburbs of Minneapolis and St. Paul. The proposed amendment is intended to benefit the City as a whole. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The zoning classification of land will not change. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of ihe property in question, which has taken place'since such property was placed in its current zoning classification. The zoning classification of land will not change. RECOMMENDATION: Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments . Draft Ordinance Page 3 ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE LENGTHS OF REQUIRED OFF-STREET PARKING STALLS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (L)(7)(a) of the Columbia Heights City Code, IS proposed to include the following additions and deletions. ~9.106 GENERAL DEVELOPMENT STANDARDS (L) Off-street parking and loading. (7) Design and maintenance of parking facilities. Off-street parking facilities are subject to the following design and maintenance requirements: (a) Size of parking spaces. Each parking space shall be not less than 9 feet wide and 20 feet in length, exclusivc of an adequately designed system of access drives and eurbed-ovcrhangs. In the case where the parking space is abutting a curb at its nalTowcst dimension, the parking stall length may be reduced to 18 feet. In parking lots with more than 300 spaces, up to 40% of such spaces may be designated alid clearly marked as compact car parking spaces with signage that is reasonably visible year round. A compact car parking space shall not be less than 8 feet wide and 18 feet in length, exclusive ofthe adequately designed system of acccss drive. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: ,2007 ,2007 Offered by: Seconded by: RollCall: Mayor Gary L. 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