HomeMy WebLinkAboutSeptember 5, 2007
CITY OF COLUMBIA HEIGHTS
MEMBERS:
Marlainc Szurek, Chair
Donna Schmitt
Rob Fiorcndino
Mike Peterson
David Thompson
590 40th Avenue N.E.. Columbia Heights, MN 5542 J -3S7H (763) 706 3600 TOO (763) 706-3692
Visit Gur Website af: wWIV.ci.columbia-heights.mn.lIs
PLANNING AND ZONING COMMISSION MEETING
7:00 PM WEDNESDAY, SEPTEMBER 5, 2007
CITY HALL COUNCIL CHAMBERS
590401'11 AVENUE NE
1. Roll Call
2. Minutes Ii'om the Planning and Zoning Commission Meeting of
August 8, 2007
3. Public Hearings:
Case #2007-0901 Site Plan
4423 Central Avenue
!Vlistcr Car Wash
Case #2007-0902 Zoning Amendment to the Zoning Code
as it relates to Interim Uses
City of Columbia Heights
Case #2007-0903 Zoning Amendment to the Zoning Code
as it relates to Nightelub Uses
City of Columbia Heights
Case #2007-0904 Zoning Amendment/Site Plan Approval
(Monument Signs)
4950 Central Avenue
Oertel Architects/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 future 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 the heritage of the built environment.
. Exercise fair, honest, and independent judgment.
. Abstain from participation when they may directly or indirectly bene tit from a planning decision.
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BAStS OF D!SABILlTY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
PLANNING AND ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
AUGUST 8, 2U07
7:00 PM
The meeting was called to order at 7:00 pm by Vice Chair-Donna Schmitt.
Commission ]Vlembers prescnt- Thompson, Fiorellllino, Schmitt, & Peterson (arrived at 7:03 pm)
Excused Absence- Marlaine Szurek
Also present were Jeff Sargent (City Planner), Gary Peterson ( Council Liaison), and Shelley Hanson
(Secretary).
ivlotion by I/lOl71pSOn, seconded by Fiorendino. to approve the minutes fi'Oln the meeting o{Afay 1, 2007.
All ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE NUMBER:
APPLICANT:
LOCATION:
REQUEST:
2007-0801
Nalapak Restaurant
4920 Central Avenue NE
Site Plan
INTRODUCTION
At this time, Mr. Vish Nadig is requesting a site plan approval for the construction of an outdoor patio
located in front of his restaurant, located at 4920 Central Avenue. Currently, Nalapak (former Udupi
Restaurant) does not accommodate outdoor seating, and Mr. Nadig would like to offer this alternative to
his patrons. In addition to the outdoor seating, Mr. Nadig would also like the ability to serve alcohol to
those patrons seating outdoors. Staff has informed the applicant that specific criteria would need to be
met from the Police Department in order to serve alcohol on the patio.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area for Commercial related activities. One of the goals of the
Comprehensive Plan is to promote reinvestment in properties by the commercial and industrial areas.
The proposed project is consistent with the Comprehensive Plan, as it is a reinvestment into an existing
commercial building. The type of use of the building as a restaurant is also consistent with the
designated Comprehensive Plan guidance.
ZONING ORDINANCE
The property is located in the General Business District (GB), as are the properties to the nOl1h, south
and east. The properties to the west are zoned R-2B, One and Two Family Residential. The parcel is
also located within the Design Guidelines Highway District, and will be subject the regulations for such
properties.
PARKING. The pmking requirements for the building are based on different types of uses. The City
Code requires a certain number of parking stalls for office, retail and storage areas. The proposed
outdoor seating area will add 16 seats to the existing l20-seat capacity for the restaurant.
The City Code requires the number of parking stalls equal to 30% of the seating capacity of the
restaurant. With the proposed outdoor seating area, the restaurant will have 136 seats. This requires a
minimum of 41 parking stalls. Currently, there are 44 parking stalls on site.
The property is located along Central Avenue, and will be subject to the Design Guidelines for the
"Highway District".
PLAI\TNING & ZONING COMMISSION MINUTES
PAGE 2
AUGUST 8, 2007
DESIGN GUIDELINES
The proposed addition to Nalapak, located at 4920 Central Avenue is located within the Design
Guideline Overlay District, and is governed by the "lIighway District" standards within the Design
Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by
requiring a set of minimum standards for new construction along Central Avenue and 40[h A venue. The
minimum standards were created by a task force of City OtTicia]s, business owners and residents, and
adopted into the City Code by the City Council.
The City Code states that the Design Guidelines are applicable to any exterior changes, including
repainting, with the exception of replacement or repair of existing materials. A new concrete patio will
be poured to accommodate the outdoor seating, as well as proper screening and landscaping. For this
reason, the Planning Commission is required to review to proposed site plan.
EXTERIOR DESIGN. The only change to the building will be the replacement of the existing concrete
slab located in fi'ont of the building, to make it more aesthetically appealing. The outdoor seating will
be placed on the patio and will be surrounded by a fence with landscaping to provide for some
screening. At this time, there are no proposed physical changes to the building itself.
FINDINGS OF FACT
Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following
findings before approving a site plan:
I. The site plan conforms to all applicable requirements of this article
The proposed site plan Ineets all the requirements pertaining to setbacks, parking, and public
access/or the district in which it is located.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
The proposed project is consistent with the Comprehensive Plan. as it will promote reinvestment
in properties by the eOll1mercial and industrial sectors.
3. The site plan is consistent with any applicable area plan.
171ere is no applicable area plan/or this area.
4. The site plan minimizes any adverse impacts on prope11y in the immediate vicinity and the
public right-of-way.
The proposed building meets all the minimum setback requirements and all Design Guideline
requirements. For this reason, the property in the immediate vicinity should not be adversely
impacted
Staff recommends approval of the site plan for an outdoor eating area, however any proposals for
serving alcohol outdoors would be subject to Police Dept. approval.
PLANNING & ZONING COMMISSION MINUTES
PAGE 3
AUGUST 8, 2007
Questions from Membcrs:
Thompson questioned if a building permit would be nccded for the changes discussed. Sargent
explained that a building permit would only be needed if the pillars are removed or if thc fence will be
over 6 feet in height. Permits are not necded for the concrete work or for fcnces undcr 6 fcet in height.
Fiorendino asked how far out the patio would extend. Sargent said the plan is to have the patio cxtend to
where the blacktop and grass now meet cach other. It will not encroach on the Highway right of way.
Fiorendino then asked if 8 foot fences wcre allowed? Sargent responded that they are allowed in a
commercial arca, if that is what thc Police Dept. will require. The Design Guidelines also allows for
fencing for screcning purposes.
Peterson stated he is concerned that this building sits closer to the road than most along Central Avenue
and by adding the patio seating, it will appear even closer. He feels it creates a patchwork, uneven look
to the area. Sargent explained that it does meet the minimum requiremcnt in the Design Guidelines.
Those guidelines allow for buildings to be placed between 0-85 feet from the front propcrty line. Hc
also acknowledged it is hard to line up all the buildings since we are mixing rc-developcd, new
structures in with thc oldcr, existing structures. Peterson commented that he thought the patio seating
would be a nicc addition and that it would look inviting.
Schmitt said that we will probably get more of these requests, especially since the smoking ban is going
into effect statewide. Sargent told members that staff is working on a policy to address these requests.
Schmitt fclt wc should make allowances for patios like other citics have, including Minncapolis. It
seems to be a popular trend for restaurants and bar/grills to offer this seating altcrnative. Sclunitt had a
fcw qucstions regarding the changcs that would bc made to create this patio area. Sargent stated that
there are no plans to change the extcrior of the building or thc signage currently in place, and that the
Policc Dept. will be making the decisions regarding access to thc seating area. Schmitt stated that if the
fencing isn't too obstructive, it will look nice.
Gary Peterson stated he thinks the building looks nice now and hopes the fencing won't detract from
that. He believes the barricade/stockade fencing that was used by anothcr business in town was an
eyesore. He is aware that the Police Dept. will have different requirements based on whether alcohol is
served on thc patio or not. Sargent said the plan states an ornamental fence would be uscd and he hopes
a compromisc can be made to makc it attractivc.
Schmitt asked why Buffalo Wild Wings was requircd to havc such a high fence and Sarna's was not.
Gary Peterson said hc asked the Chief about this ami he was told that the fcnce along University Ave
Highway is considered the restriction that deters pedestrian traffic in the area, more than the shorter,
ornamental decorative fence around the patio.
The Public Hcaring was opened.
Vish Nadig who is pmt owner answered some of the questions that had been raised. He said he was
willing to work with the Police Dept. regarding the fencing as he wants something that is attractive and
easy to maintain, but at the same time, inviting also. He said Columbia Heights is more restrictive than
most cities and that his clientele are diners who enjoy a beer or glass of wine with their mcal.
The Public Hearing was closed.
PLANNNING & ZONING COMMISSION MINUTES
PAGE 4
AUGUST 8, 2007
k[otion hy 17lOmpson, seconded hy Firoendino, to waive the reading of Resolution No. 2007-PZ03, there
heing ample copies avaifahle to the public. All Ayes. MOTION PASSED.
I'v[otion by Thompson, seconded by Fiorendino, to adopt Resolution No. 2007-PL03, being a resolution
approving a site plan, for an outdoor eating area, suhject to the following condition:
I. All proposalsjiJr serving alcohol outdoors must he approved by the Police Department.
AI! ayes. MOTION PASSED.
RESOLUTION NO. 2007-PZ03
RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN
FOR NALAPAK WITHIN THE CITY OF COLUMBIA HEIGHTS. MINNESOTA
WHEREAS, a proposal (Case #2007-0801) has been submitted by Vishwantha Nadig to the Planning
and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the
following site:
6PDRESS: 4920 Central Avenue
LEGAL DESCRIPTION: On file at City I-Iall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for outdoor seating.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code
on August 8, 2007;
WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of
the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the
community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic,
property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the Plamling and Zoning Commission of the City of
Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and
adopts the following findings:
I. The site plan conforms to all applicable requirements of this article, except signage.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
3. The site plan is consistent with any applicable area plan.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the
public right-oI-way.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall
become pmi 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
vear after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
I. All proposals for serving alcohol outdoors must be approved by the Police Department.
PLSANNING & ZONING COMMISSION MINUTES
PAGE 5
AUGUST 8, 2007
Passed this 8th day of August 2007,
Offered by:
Seconded by:
RollCall:
Ayes:
Nays:
VICE CHAIR Donna Schmitt
Attest:
SECRET AR Y, Shelley Hanson
-- ------ ------ -----------.-------------- ----- ------------------ -
------- ----- ------ ----- --.---- ----- -----.- --------- ------ ----
Approval is contingent upon execution and return of this document to the City Planning Office.
I have read and agree to the conditions of this resolution as outlined above.
Vishwantha Nadig
Date
CASE NUMBER:
APPLICANT:
LOCATION:
REQUEST:
2007-0802
City of Columbia Heights
4800 Block of Central Avenue
Comprehensive Plan Amendment, Zoning Amendment
INTRODUCTION
At this time, the City of Columbia Heights is requesting two amendments with relation to the 4800 block
of Central Avenue. They are as follows:
I. A Comprehensive Plan Amendment to reguide the subject property from Transit Oriented
Development to Commercial.
2. A Zoning Amendment to rezone the subject property from MXD, Mixed Use Development
District, to GB, General Business.
The parcels to be reguided and rezoned are those located at 4849 Central A venue (Savers), 4811 Central
Avenue (Buffalo Wild Wings), 4801 Central Avenue (Welle Auto Supply), 4757 Central Avenue
(Subway), and 4755 Central Avenue (Marina Grill and Deli). In 2003, these parcels were guided for
Commcrcial and were zoned General Business (GB). Because of the developing Grand Central Lofts,
along with the possibility of a hotel being located in the arca, the City Council changed the
Comprehensive Plan guidance to Transit Oriented Devclopment and rezoned the current Mixed Use
Development District (MXD) classification. At this time, the city has no proposals for a hotel to be
located in the area. Staff recommends that these parcels be rezoned back to the GB zoning
classification.
PLANNING & 7:0NING COMMISSION MINUTES
PAGE 6
AUGUST 8, 2007
COMPREHENSIVE PLAN
The Comprehensive Plan currently guides the property Transit Oriented Development (TO D). This
guidance allows for a mixture of neighborhood service-oriented development with varying densities of
residential development. Being that there is no future plans to accommodate a residential component on
any of the aforementioned properties, staff recommends reguiding these parcels to return them to their
previous classification. For this reason, stall recommends a Comprehensive Plan Amendment to
reguide the parcels located at 4849, 4811, 4801, 4757 and 4755 Central Avenue from "Transit Oriented
Development" to "Commercial".
ZONING ORDINANCE
The subject propeliies are currently zoned MXD, Mixed Use Development District. Staff recommends
rezoning the subject parcels to GB as this zoning classification would be most fitting for the types of
uses conducted on these premises. The General Business classification is more consistent with the
zoning standards that are enforced for the other commercial properties along Central Avenue, and staff
would like these parcels to be consistent with the rest of the Central Avenue corridor in this respect.
FINDINGS OF FACT
Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the
following findings before approving a zoning amendment:
I. The amendment is consistent with the Comprehensive Plan.
The proposed zoning amendment will rezone a portion Ihe subject properties Fom MXD. J\1ixed
Use Developmenl Dislricl, 10 GB, General Business. City staff is concurrently requesling a
Comprehensive Plan Amendmenl, which would make Ihe proposed zoning amendment consistent
wilh Ihe new Comprehensive Plan designalion of "Commercial".
2. The amendment is in the public interest and is not solely for the benefit of a single propeliy
o"\vner.
The proposed zoning amendment would rezone Ihe subject properties to Iheir previous zoning
classificalion. The rezoning of Ihis land would ensure Ihat Ihese businesses would use Ihe
properly in Ihe same manner as the other commercial uses along Cenlral Avenue.
3. Where the amendment is to change the zoning classification of a particular property, the
existing use of the property and the zoning classification of propeliy within the general area
ofthe property in question are compatible with the proposed zoning classification.
The exisling uses of'lhe properlies in question are: a secondhand store, a reslaurant, and an
automobile supply store. These are all permilted uses in Ihe GB, General Business District.
4. Where the amendment is to change the zoning classification of a pmiicular property, there
has been a change in the eharacter or trend of development in the general area of the property
in question, which has taken place since such propeliy was placed in the current zoning
c1assilication.
The possibility of Ihe location of' a hotel prompted Ihe area 10 be rezoned Fom GB, General
Business to MXD, I'vJixed Use Development Dislrict. Because there are no plans for a hotel 10 be
located on Ihe sile, a rezoning back to General Business would be prudent.
PLANNING & ZONING COMMISSION MINUTES
PAGE 7
AUGUST 8, 2007
Questions from Members:
Peterson questioned how the re-zoning would affect the businesses at these addresses and what the
advantage was for making the change back to Ucneral Business. Sargent explained that it won't affect
them in any way regarding how they are now being used, and since the businesses involved aren't
interested in being part of the re-development, there is no longer a reason to keep them zoned MXD.
Properties in an MXD zoning have more tlexibility for lot coverage, more lenient setback requirements,
and also could be used for high density residential housing. I fleft as is, the city would have no control
if someone chose to develop their whole site. So this re-zoning is being done to protect Public Interest,
and will make it consistent with the other businesses along Central Avenue.
Fiorcndino asked if any of the businesses would be non-conforming, and Sargent answered no.
It was noted that 4707 Central Ave is not ineluded in this rc-zoning as it is still part of the Grand
Central Lofts Development plan amI they want some t1exibility as they make plans to develop that part
of the site.
The Public Hearing was opened.
No one was present.
The Public Hearing was elosed.
1\;[otion by Peterson, seconded by Fiorendino, that the Planning Commission recommend the City
Council approve the Comprehensive Plan Amendment to chanf!,e the guidance of the landji"om "Transit
Oriented Development" to "Commercial". All Ayes. MOnON PASSED.
NIotion by Peterson, seconded hy Fiorendino, that the Planning Commission recommend that the City
Council approve the rezoning of the properties located at 4849 Central Avenue, 4811 Central Avenue.
4801 Central Avenue, 4757 Central Avenue and 4755 Central Avenue ji'om ),;JXD, ,\;[ixed Use
Development District to GB. General Business, based on following conditions of approval that have
been found to be necessm)l to protect the public interest and ensure compliance with the provisions of
the Zoning and Development Ordinance, including:
1. The approval of the rezoning of the property is contingent on the J\;[etropolitan Council's
approval of the Comprehensive Plan Amendment.
All ayes. MOTJON PASSED
PLANNING & ZONING COMMISSION MINUTES
PAGE 8
AUGUST 8, 2007
The following Ordinance and Resolution will go to the City Council on August 13,2007.
ORDINANCE 1529
CITY OF COLUMBIA HEIGHTS, MINNESOTA
BEING AN ORDIl"!ANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428,
PERTAIl"'ING TO THE REZONING OF A CERTAIN PROPERTIES LOCATED AT 4755, 4757, 4801,
4811 AND 4849 CENTRAL A VENUE NE
SECTION 1:
WHEREAS, the City of Columbia Heights has indicated the K-Mart site as a specific area in the City to focus
redevelopment effOlts on in an attempt to beautify the City and encourage positive growth; and
\VHEREAS, the redevelopment in this area will not include parcels of land originally intended on being
redeveloped; and
WHEREAS, the City of Columbia Ilcights recognizes that the MXD, Mixed Use Development District zoning
allows for flexibility in land use regulations for those businesses in the subject area that other businesses along
Central A venue do not have; and
WHEREAS, rezoning the subject parcels 11.om MXD, Mixed Use Development District to GB, General Business
District provides a common ground for land use regulation for all businesses along Central A venue; and
WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution 2007-133,
and is in the public interest and not solely for the benefit of a single property owner; and
WHEREAS, the zoning classification of the property for the current development IS compatible with the
proposed GB, General Business classification, and
BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the
proposed rezoning from MXD, Mixed Use Development District to GB, General Business District.
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:
Offered by:
Seconded by:
RollCall:
Gary Peterson, Mayor
Patricia Museovitz, City Clerk
PLANNING & ZONING COMMISSION MINUTES
PAGE 9
AUGUST 8, 2007
DRAFT RESOLUTION 2007-133
CITY OF COLUMBIA HEIGHTS, MINNESOTA
A RESOLUTION PERTAINING TO A COJ\1PRli:HENSIVE PLAN AMENDMENT FOR THE
PROPERTY LOCATED AT 4755, 4757, 4801, 4811 AND 4849 CENTRAL A VENUE, IN THE CITY OF
COLUMBIA HEIGHTS.
WHEREAS, the City of Columbia Heights has indicated the former K-Mart site as a specific area in the City to
focus redevelopment efforts on in an attempt to beautifY the City and encourage positive growth; and
WHEREAS, the redevelopment in this area will not include parcels of land originally intended on being
redeveloped; and
WHEREAS, the City of Columbia Heights recognizes that the "Transit Oriented Development" land use
designation of the subject property in the Comprehensive Plan allows the flexibility and mixture of neighborhood
service-oriented development and varying densities of residential development not rcquired on the subject
parcels; and
WHEREAS, the current development is consistent with the description of the Commercial District; and
WHEREAS, the Comprehensive Plan Amendment supports other policies of the Metropolitan Council such as
reinvestment/redevelopment, planning pedestrian and bicycle connections between workplaces, residences, retail
and services, and sllppOliing a healthy living environment; and
WHEREAS, the City's approval ofthe Comprehensive Plan amendment for the subject property is contingent on
Metropolitan Council review and the amendment will be sent to the Metropolitan Council accordingly; and
BE IT FURTHER RESOLVED that the Planning and Zoning Commission conductcd a public hearing to
review the Comprehensive Plan Amendment and recommends approval of the proposed amendment changing the
land use designation for the subject properties from Transit Oriented Development to Commercial.
Passed this _ day of
Offered by:
Seconded by:
RollCall:
Gary Peterson, Mayor
Attest:
Patricia Museovitz, City Clerk
PLANNING & ZONING COMMISSION MINUTES
PAGE 10
AUGUST 8, 2007
NEW BUSINESS
Sargent reported that he had a conversation with Szurek regarding establishing a policy that would allow
staff to review and issue permits for signage along Central A venue and 40th Avenue. This would make
it consistent with how other sign permits are processed in the city. Currently, sign permits along these
two Avenues require approval from the P & Z Commission. By allowing staff to review the requests, it
would save time for the applicants and the fee they are charged to go before the Commission. Staff
would still make sure that the signage meets Design Guidelines. If there are any situations that statI, or
the applicant wants brought to the Commission, that can still be done. This would not atTect signage for
new consh'uction, as that would still be part of the site plan process. Sargent will prepare the policy and
let the members review it, as they all concurred with the plan.
OTHER BUSINESS
None
The meeting was adjourned at 7:55 pm. All Ayes.
Respectfully submitted,
Shelley Hanson
Secretary
CITY Of COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
2007-0901
DATE:
September 5, 2007
TO:
Columbia Heights Planning Commission
APPLICANT
Mister Car Wash (Robert Handt)
LOCATION:
4423 Central Avenue
REQUEST:
Site Plan Approval
PREPARED BY:
Jeff Sargent, City Planner
INTRODUCTION
At this time, Robert Handt is requesting a site plan approval for the remodeling of the
existing car wash, located at 4423 Central Avenue. CWP, Inc, d/b/a Mister Car Wash
has recently purchased Don's Car Wash and would like to revamp the building to be
more consistent with the appearance of other Mister Car Wash businesses that they
control and operate. The car wash is also located in the Design Guidelines Highway
District.
COMPREHENSIVE PLAN
Discussion of regulations begins with identifying the community's goals for economic
and commercial vitality 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. Strengthening the image of the community as a desirable place to live and
work.
2. Encouraging the continuation and enhancement of existing businesses
within the community.
3. Improving the image of commercial areas as friendly and safe environments
for residents and visitors.
City of Columbia Heights Planning Commission
Mister Car Wash, 4423 Centrai Avenue
September 5, 2007
Case # 2007-0901
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.
The Comprehensive Plan designates this area for "Commercial" uses, and car washes
are permitted in the district the property is located in. The proposed site plan upgrades
an older building, bringing the required building materials indicated in the Design
Guideline District into compliance. The proposal is consistent with the Comprehensive
Plan because the use is proper for what the area is guided for, and revitalizing the
appearance of the building helps achieve the goals outlined in the Comprehensive Plan.
ZONING ORDINANCE
The propeliy is located in the General Business District (GB), as are the properties to
the north and south. The properties to the east and west are zoned R-2B, One and Two
Family Residential. The parcel is also located within the Design Guidelines Highway
District, and will be subject the regulations for such properties.
PARKING. The proposed site plan indicates that there will be no change to the current
number of parking stalls on site. Currently, there are seven parking stalls on the
property. City Code requires 2 parking spaces per bay for car washes, plus 4 stacking
spaces per bay.
DESIGN GUIDELINES
The proposed remodeling of the former Don's Car Wash, located at 4423 Central
Avenue, is located within the Design Guideline Overlay District, and is governed by the
"Highway District" standards within the Design Guidelines. The intent of the Design
Guidelines is to make the City more aesthetically appealing, by requiring a set of
minimum standards for new construction along Central Avenue and 40th Avenue. The
minimum standards were created by a task force of City Officials, business owners and
residents, and adopted into the City Code by the City Council.
The City Code states that the Design Guidelines are applicable to any exterior changes,
including repainting, with the exception of replacement or repair of existing materials.
The exterior of the building will be revamped and new landscaping will be installed. For
this reason, the Planning Commission is required to review to proposed site plan.
BUilDING MATERIALS. Currently, the building has vinyl siding, which is prohibited by
the Design Guidelines. The applicant would like to upgrade the building by removing
and replacing the existing fascia and removing the vinyl siding and replacing it with
stucco. Stucco is specifically mentioned in the Design Guidelines as an acceptable
building material in all districts.
Page 2
City of Columbia Heights Planning Commission
Mister Car Wash, 4423 Central Avenue
September 5, 2007
Case # 2007-0901
SIGNAGE. The applicants will incorporate a new wall sign on the building. The sign
will meet all the signage requirements pertaining to square footage, coloration and
illumination. The existing pylon sign will also be refaced with the new carwash logo.
BUILDING COLOR. The color of the building will be a neutral color consistent with the
requirements of the Design Guidelines. The applicants will incorporate a red band
around tile top of the building that will take up no more than 15% of the fa<;:ades. The
Design Guidelines specify that primary colors may be used as an accent color as long
as it takes up no more than 15% of any fa<;:ade.
FINDINGS OF FACT
Section g. 1 04 (M) requires that the Planning and Zoning Commission shall make each
of the following findings before approving a site plan:
1. The site plan conforms to all applicable requirements of this article
The proposed site plan meets a/l the requirements pertaining to setbacks,
parking, and public access for the district in which it is located. The Design
Guidelines elements for the property have also been met and are in compliance
to the Code.
2. The site plan is consistent with the applicable provisions of the city's
comprehensive plan.
The proposal is consistent with the Comprehensive Plan because the use is
proper for what the area is guided for, and revitalizing the appearance of the
building helps achieve the goals outlined in the Comprehensive Plan.
3. The site plan is consistent with any applicable area plan.
There is no applicable area plan for this area.
4. The site plan minimizes any adverse impacts on property in the immediate
vicinity and the public right-of-way.
The proposed building meets a/l the mll71177l1m setback requirements and a/l
Design Guideline requirements. For this reason, the property in the immediate
vicinity should not be adversely impacted.
RECOMMENDATION
Move to waive the reading of Resolution No. 2007-PZ04, there being ample copies
available to the public.
Page 3
City of Columbia Heights Planning Commission
Mister Car Wash, 4423 Central Avenue
September 5, 2007
Case # 2007-0901
Move to adopt Resolution No. 2007-PZ04, being a resolution approving a site plan, for
an outdoor eating area, subject to the following conditions:
1. Only 15% of the building fagades may be utilized for primary accent colors.
2. Unless otherwise permitted by the Design Guidelines, wall signage may not be
internally lit.
ATTACHMENTS
. Resolution
. Location Map
. Site Plan
Page 4
RESOLUTION NO. 2007-PZ04
RESOLUTION OF THE I'LANNING AND ZONING COMMISSION APPROVING A
SITE PLAN FOR MISTER CARW ASH WITI-HN THE CITY OF COLUMBIA
HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2007 -090 I) has been submitted by Bob Handt of Mister Carwash to
the Planning and Zoning Commission requesting a site plan approval from the City of Columbia
Heights at the following site:
ADDRESS: 4423 Central Avenue
LEGAL DESCRIPTION: On tIle at City Hall.
TIlE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for a new
building fayade.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on September 5, 2007:
WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations
ofthe City staff regarding the etTect ofthe proposed site plan upon the hcalth, safety, and welfare of
the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses,
traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas;
and
NOW, THEREFORE, BE IT RESOLVED by the Planning and loning Commission ofthe City of
Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts
and adopts the following findings:
1. The site plan conforms to all applicable requirements of this article, except signage.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
3. The site plan is consistent with any applicable area plan.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity amI the
public right-of-way.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall
become part ofthis 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 (l)
calendar veal' after the approval date, subject to petition tor renewal ofthe permit.
Resolution No. 2006-PZ04
Pa~e 2
Passed this 5th day of September 2007,
Offered by:
Seconded by:
Roll Call:
Ayes:
Nays:
CHAIR Marlaine Szurek
Attest:
SECRET AR Y, Shelley Hanson
-------- -------- -------- -------- -..----- ------- ------------~
----- -------- --..------- ------- -..----- -.------ -----"- -----------
Approval is contingent upon execution and return of this document to the City Planning Office.
I have read and agree to the conditions of this resolution as outlined above.
Bob Hand!
Date
4423 Central Avenue
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CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
2007 -0902
DATE:
September 5, 2007
TO:
Columbia Heights Planning Commission
APPLICANT:
City of Columbia Heights
REQUEST:
Zoning Amendment to the Zoning Code as it relates to
Interim Uses
PREPARED BY:
Jeff Sargent, City Planner
BACKGROUND
Staff recommends amending the zoning code to allow Interim Uses throughout the
various zoning districts in Columbia Heights. "Interim Use" would be defined as:
"A temporalY use of propedy until a padicular date, until the
occurrence of a particular event, or until zoning regulations no longer
permit it."
Such uses shall include: fireworks sales, residential greenhouses, outdoor
agriculturallproduce sales and outdoor Christmas tree sales. Currently, the zoning code
only addresses seasonal agricultural sales (including Christmas tree sales), which have
historically been permitted through the Conditional Use Permit process, and allowed for
a 90-day period. The zoning code does not regulate the use or location of fireworks
sales tents or residential greenhouses.
The establishment of the Interim Use ordinance will allow for better regulation and
enforcement of seasonal activities that are currently not controlled. Currently, all
fireworks sales tents and displays are required to obtain a permit and meet specific
criteria set forth by the Fire Department. However, these sales are not regulated by the
zoning code, meaning that there are no set standards for where these tents can be
located, how much signage these businesses may utilize and how long these events
may last. The Interim Use ordinance will establish a consistent standard for permitting
these seasonal types of uses.
COMPREHENSIVE PLAN
Discussion of regulations begins with identifying the community's goals for economic
City of Columbia Heights Planning Commission
Text Amendment, Interim Uses
September 5, 2007
Case # 2007-0902
and commercial vitality found in the Comprehensive Plan.
identifies the goals; the purpose of the zoning ordinance
toward the achievement of those goals.
The Comprehensive Plan
is to guide private activity
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. Encouraging the continuation and enhancement of existing businesses
within 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.
The Interim Use ordinance regulates seasonal outdoor sales events by establishing a
consistent process for each type of activity. The Planning Commission's discretion on
these uses will help achieve the goals of the Comprehensive Plan by ensuring that the
seasonal businesses conform to setback requirements, utilize the correct amount of
signage, do not disrupt the permanent businesses in the area, and provide safe and
friendly environments for residents and visitors.
FINDINGS OF FACT
The City Council shall make the following four 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 help ensure that the specific goals for
economic development as stated in the Comprehensive Plan are met, by
regulating seasonal commercial activity.
b) The amendment is in the public interest and is not solely for the benefit of a
single property owner.
The proposed amendment would establish standards for seasonal
commercial activity throughout the city that would help ensure the general
health, safety and welfare of 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
Page 2
City of Columbia Heights Planning Commission
Text Amendment, Interim Uses
September 5, 2007
Case # 2007-0902
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:
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 3
ORDINANCE NO. XXXX
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF
2005 RELATING TO INTERIM USES WITIlIN CERTAIN ZONING DISTRICTS IN
TIlE CITY OF COLUMBIA HEIGIITS
The City of Columbia Heights docs ordain:
Chapter 9, Article I, Section 9. 103 of the Columbia lIeights City Code, is proposed to
include the following additions and deletions.
~ 9.103 DEIIINlTIONS.
For the purpose of this article, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
USE, INTERIM. A temporary use of propel'ty until a particular date, until
the occurrence of a particular event, or until zoning regulations no longer permit it.
Chapter 9, Article I, Section 9.104 (B)(2)(b)(3) of the Columbia lIeights City Code, is
proposed to include the following additions and deletions:
~ 9.104 ADMINISTRATION AND ENFORCEMENT.
(B) Authority and duties/or administration.
(2) Zoning Administrator.
(b)
responsibilities:
Duties. The Zoning Administrator shall have the following
3. Receive, file and forward all applications for appeals,
variances, conditional use permits, interim use permits, zoning ordinance amendments,
vacations, minor subdivisions, preliminary plats, final plats or other matters to the
appropriate decision-making body.
Chapter 9, Article I, Section 9.104 (B)(4) of the Columbia Heights City Code, IS
proposed to include the following additions and deletions:
~ 9.104 ADMINISTRATION AND ENFORCEMENT.
(B) Authority lInd duties/or administration.
(4) Planning Commission.
(b)
responsibilities:
Duties. The Planning Commission shall have the toll owing
1. Hear and make recommendations to the City Council
regarding all applications for a conditional use permit or an amendment to a conditional
use pCrInit.
2. Hear and make the final decisions on all applications
for an interim use as defined in this article.
;h3. Hear and make recommendations to the City Council
regarding all applications for an amendment to this article, both tcxt amendments and
amendmcnts to the district boundaries on the onIcial zoning map.
;'4. I-lear and make recommendations to the City Council
regarding all applications for minor subdivisions, preliminary plats and final plats.
+'5. Review, hold public hearings, and preparc
recommendations on any changes to the City's Comprehensive Plan.
~6. Review this article from time to time and makc
recommendations to the City Council that changes be initiated.
6-c 7. Hear and make recommendations on any other matter
referrcd to it by the City Council.
**NOTE** Existing ~ 9.104 (B)(4)(b)(2) and ~ 9.104 (B)(4)(b)(3-6) shall be
renumbered accordingly.
Chapter 9, Article I, Section 9.1 04 of the Columbia Heights City Code, is proposed to
include the following additions and deletions:
~ 9.104 ADMINISTRATION AND ENFORCEMENT.
(I) Interim uses.
(1) Purpose. The interim use process provides for a temporary use of land
for a specific period of time, and may be allowed upon demonstration that such use
meets identified standards established in this article. It is intended that the interim
use of land does not run with the land, and would need to be approved upon eaeh
subsequent use.
(2) Right of application. Any person with a legal interest in the p,'operty may
file an application for an interim use, provided said interim use is identified as an
intcrim use within the zoning district in which the property is located.
(3) Application for interim use. An application for an interim usc shall be
filed with the Zoning Administrator on the approved form and shall be
accompanied by a site plan, a detailcd written description of the proposcd use and
any other information determined by the Zoning Administrator to be neccssary.
(4) Public /tearing. The Planning Commission shall hold a public hearing on
the complete application for an interim use in accordance with the regulations of
this section. After the close of thc public hearing, the Planning Commission shall
make findings and make the final decision regarding the application.
(5) Required findings. The Planning Commission shall make cach of the
following findings before granting an interim use:
(a) The usc is one of the interim uses listed for the zoning district in
which the property is located, or is a substantially similar use, as dctermined by the
Zoning Administrator.
(b) The use is in harmony with the general purpose and intent of the
Comprehensive Plan.
(c) The use will not impose hazards or disturbing influences on
neighbol'ing propertics.
(d) The use will not substantially diminish the use of property in the
immcdiate vicinity.
(e) The use will be designed, constructed, operated and maintaincd in
a manner that is compatible with the appearance of the existing or intended
charactcr of the surrounding area.
(f) Adequate measures have been or will be taken to minimize traffic
congestion on the pubic streets and to provide for appropl'iate on-site circulation of
traffic.
(g) The use will not cause a negative cumulative effect, when
considered in conjunction with the cumulative effeet of other uses in the immediate
vicinity.
(6) Conditions of approval. The Planning Commission may establish any
reasonable conditions of approval that are deemed necessary to mitigate adverse
impaets associated with the interim nse, to protect neighboring properties, and to
achieve the objectives of this article.
(7) Time duration. An interim use shall be grantcd for a maximum of ninety
(90) days pcr calendar year, unless otherwisc specified in this article.
(8) Discontinuance. An interim use shall be deemed discontinued after the
specificd time dnration has elapsed. Upon discontinuance of an interim use, all
subsequent interim nses shall require an interim use permit.
**NOTE** Existing S 9.104 (I) and S 9.104 (J-O) shall be re-Iettered accordingly.
Chapter 9, Article I, Section 9.106 (G) of the Columbia Heights City Code, is proposed to
include the following additions and deletions:
S 9.106 GENERAL DEVELOPMENT STANDARDS.
(G) TemporalY uses and structures. The following temporary uses and structures shall
be permitted in all zoning districts unless specified otherwise, provided such use or
structure complies with the regulations of the zoning district in which it is located and all
other applicable provisions ofthis article:
tB Seasonal c:g:'icub:ral sc:les. The scasonal outdoor sale of agricBlffiral
j7f6ducts, including but not limited to produce, plants and Christmas trees, may be
allowed as a conffitiBnal use (temporary in natureJ-!Bt. a ma:dm:llTI of 90 days por
calendar year, pro'lided such usc docs not utilize public riGht of way or public propeftJ
for the sale or display of such itCHTS-c
<<8(5) Other temporary uses. In addition to the tcmporary uses and structures
listed above, the Zoning Administrator may allow other temporary uses and structures for
a maximum of 15 days per calendar year, provided the said use or structure is
substantially similar to the uses and structures listed herein.
Chapter 9, Article I, Section 9.107 (C) of the Columbia Heights City Code, is proposed to
include the following additions and deletions:
S 9.107 SPECIFIC DEVELOPMENT STANDARDS.
(C) Specific Development Standards. The following uses are subject to specific
development standards:
(20) Fireworks tents.
(a) The fireworks tent, display area, access aisles, and surrounding
area shall be reviewed by the Community Development Department and the Fire
Depal.tment.
(b) The sale of fireworks shall meet all requirements of Chapter 24
of the Fire Code and NFPA Chaptel.1124.
(b) The firewOl"ks tent shall be accessory to a commercial use.
(c) Fireworks tents located within the public right-of-way arc
prohibited.
(d) All goods shall be displayed on a designated impervious
surface area.
(c) All goods shall be displayed in an orderly fashion, with access
aisles provided as needed.
(f) Music or amplified sounds shall not be audible from adjacent
residential propel.ties.
(g) The fireworks tent shall not reduce the amount of off-street
parking provided one-site below the level requit-ed for the principal use.
(h) An appropriate transition arca between the use and adjacent
property shall be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
(i) Signage shall be limited to two (2) professionally made signs,
with a combined square footage not exceeding thirty-two (32) square feet.
(j) Fireworks tents may be allowed for a maximum of ninety (90)
days per calendar year.
**NOTE** Existing ~ 9.107 (C)(20) and ~ 9.107 (C)(21-24) shall be renumbered
accordingly.
(25) Greenhollses (residential).
(a)
family dwellings.
A residential greenhouse shall only be allowcd for one and two
(b) A I'esidential grecnhousc shall meet all setbacks rcquirements
of an accessory structurc in the zoning district it is located,
(b) A rcsidential grcenhouse structurc shall not count against thc
totalnumbcr of detached accessory strncturcs allowed on a residential property.
(c) A residential greenhouse structnre shall not count against the
total allowablc combincd squarc footage of accessory structurcs allowed on a
rcsidential property.
(d) A rcsidcntial greenhouse shall be allowed during the normal
growing season only.
(c) When not in use, a residcntial grcenhouse shall be dismantled,
**NOTE** Existing ~ 9,107 (C)(25) and ~ 9.107 (C)(26-27) shall be renumbel'ed
accordingly.
(28) Outdoor agricultural/produce sales.
(a) The outdoor agricultural/produce sales lot shall be accessory to
a commercial use.
(b) Outdoor agricultural/produce sales located within the public
right-ot~way arc prohibited.
(c) All goods shall be displayed in a designated a1'ca that is hard
surfaced.
(d) All goods shall be displayed in an orderly fashion, with access
aisles provided as nceded.
(e) Music or amplified sounds shall not be audiblc from adjacent
rcsidential propertics,
(1) Thc outdoor agricultural/produce sales lot shall not reducc the
amount of off-strect parking provided one-sitc below the level required for the
pJ'incipal use.
(g) An appropriate transition area bctween thc use and adjacent
propcrty shall be provided by landscaping, screening 01' other site improvements
consistent with the character of thc neighborhood.
(h) Signage shall be limited to (2) professionally made signs per
strneture, not exceeding thirty-two (32) square feet per sign.
(i) Outdoor agricultural/producc sales facilities may be allowcd
for a maximum of nincty (90) days pel" calendar year.
(29) Outdoor Christmas tree sales.
(b)
commereial usc.
Outdoor Christmas tree sales lots shall be accessory to a
(b) Outdoor Christmas tree sales located within the public right-
of-way are prohibited.
(c) All goods shall be displayed in a designatcd area that is hard
surfaced.
(d) All goods shall be displayed in an ordcrly fashion, with access
aisles provided as necded.
(e) Music or amplified sounds shall not be audible from adjacent
,'esidential properties.
(f) Outdoor Christmas tree sales lots shall not reduce the amount
of off-street parking provided one-site below the level required for the prineipaluse.
(g) An appropriate transition area between the use and adjacent
property shall be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
(h) Signage shall be limited to two (2) professionally made signs,
with a combined square footage not exceeding forty-eight (48) square feet.
(i) Outdoor Christmas tree sales lots may be allowed for a
maximum of ninety (90) days per calenda,' year.
**NOTE** Existing ~ 9.107 (C)(28, 29) and ~ 9.107 (C)(30-44) shall be renumbered
accordingly.
Chapter 9, Article I, Section 9.109 of the Columbia Heights City Code, is proposed to
include the toll owing additions and deletions:
99.109 RESIDENTIAL DISTRICTS.
(E) R-I, Single-Flllnily Residential District.
(4) II/terim Uses. Exccpt as specifically Iimitcd hcrein, the following nses
may be allowed in the R-1, Single-Family Residential District, subject to the
rcgulations sct forth for interim uses in 9 9.104, Administratiou and Enforcement,
and the regulations for specific uses set forth in 9 9.107, Spccific Development
Standards:
(a) Greenhouse.
(41(5) Permitted accessory uses. Except as specifically limited herein, the
following accessory uses shall be in the R-1, Single-Family Residential District:
(a-h) ISECTIONS TO REMAIN UNCHANGED]
(F) R-2A and R-2B, Two-Family Residential District.
(4) II/terim Uses. Except as specifically limited herein, the following uses
nlay be aHOll'ed in the R-2-A and R-2B, T,vo~Faniily Resideutial District, subject to
the regulations set forth for interim uses in 9 9.104, Administration and
Enforcement, and the regulations for specific uses set forth in 9 9.107, Specific
Development Standards:
(a) Greenhouse.
(41(5) Permitted accessOIJI uses. Except as specifically limited herein, the
following accessory uscs shall be in the R-2A and R-2B, Two-Family Residential
District:
(a-h) [SECTIONS TO REMAIN UNCHANGED]
eG) R-3, Limited Multiple-Family Residential District.
(4) II/terim Uses. Exccpt as specifically limited hel'ein, the following uscs
may be allowed in thc R-3, Limited Multiplc-Family Rcsidential District, subject to
the regulations set forth for interim uses in 9 9.104, Administration and
Enforcement, and the regnlations for specific uses set forth in 9 9.107, Specific
Development Standards:
(a) Gl'ecnhouse.
E4j(S) Permitted accessory uses. Except as specifically limited herein, the
following accessory uses shall be in the R-3, Limited Multiple-Family Residential
District:
(a-h) [SECTIONS TO REMAIN UNCHANGED]
(H) R-4, Multiple-Family Residential District.
(4) Interim Uses. Except as specifically limited herein, the following uses
may be allowed in the R-4, Multiple-Family Residential District, subject to the
regulations set forth fOl' interim uses iu !i 9.104, Administration ami Enforcement,
and the regulations for specific uses set forth iu !i 9.107, Specific Development
Standards:
(a) Greenhouse.
E4j(S) Permitted accessOlY uses. Except as specifically limited herein, the
following accessory uses shall be in the R-4, Multiple-Family Residential District:
(a-h) [SECTIONS TO REMAIN UNCHANGED]
Chapter 9, Article I, Section 9.110 of the Columbia Heights City Code, is proposed to
include the following additions and deletions:
!i 9.110 COMMERCIAL DISTRICTS.
(E) GB, General Business District.
(4) Interim Uses. Except as specifically limited herein, the following uses
may be allowed in thc GB, General Business District, subjcct to the regulations set
forth for interim uses in !i 9.104, Administration and Enforccment, and thc
regulations for specific uses set forth in !i 9.107, Spccific Development Standards:
(a) FircwOl'ks tents.
(b) Outdool' agricultural/produce sales.
(c) Outdoor Christmas tree sales.
E4j(S) Permitted accessory lIses. Except as specifically limited herein, the
following accessory uses shall be in the GB, General Business District:
(a-f) [SECTIONS TO RElvIAIN UNCHANGED]
(F) CBD, Central Business District.
(4) Interim 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 interim uscs in !l 9.104, Administl'ation and Enforcement, and the
regnlations for specific uses set forth in !l 9.107, Spccific Developmcnt Standards:
(a) Fircworks tents.
(b) Outdoor agricultural/produce salcs.
(c) Outdoor Christmas tree sales.
t41(S) Permitted accessory lIses. Except as specifically limited herein, the
following accessory uscs shall be in the CBD, Central Business District:
(a-e) [SECTIONS TO REMAIN UNCHANGED]
fA(6) q[f~street parking. The CBD, Central Business District, shall be
considered an oft:strcet parking district in which off-street parking is not required for
nonresidential land uses. Residential land uses, including those in mixed-use buildings,
shall meet the parking requirements of 99.106.
(Orcl. 1428, passed 5-29-01; Am. Ord. 1460, passed 10-13-03)
Section 2:
This ordinance shall be in fi.111 force and effect n'om and after 30 days after its
passage.
,2007
,2007
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
RollCall:
IVlayor Gary L. Peterson
Attest:
Patricia Muscovitz, Deputy City Clerk
CITY Of COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
2007 -0904
DATE:
September 5, 2007
TO:
Columbia Heights Planning Commission
APPLICANT:
Oertel Architects/ City of Columbia Heights
LOCATION:
4950 Central Avenue
REQUEST:
Zoning Amendment (Monument Signs), Site Plan Approval
PREPARED BY:
Jeff Sargent, City Planner
INTRODUCTION
At this time, Oertel Architects is requesting two approvals in conjunction with the
construction of a new municipal liquor store, located at 4950 Central Avenue. They are:
1
,.
A text amendment to the zoning code at section 9.106 (P)(12), to increase the
height of monument signs in the Design Overlay Highway District from 8 feet
to 10 feet.
2.
A site plan approval for signage for the new liquor store per Code Section
9.113 (D)(4)(d).
On May 1, 2007, the applicant requested and received site plan approval for the new
liquor store to be constructed at 4950 Central Avenue. At that time, the applicant did
not have a sign plan for the building. A condition of approval was imposed, stating that
the applicant would have to submit for site plan approval for building's signage once the
design was complete. At this time, the sign plan for the building and property are
completed and the applicant is requesting approval for them.
When designing the monument sign for the building, the applicant claimed that the
current height standards for monument signs were limiting in respect to traffic visibility.
The applicant claimed that vehicles traveling northbound on Central Avenue are moving
uphill and that the liquor store is on the opposite side of the street, creating a limited
view for passersby. The southbound traffic has a more limited view, as the
SuperAmerica, the bus stop and utility poles partially block the site from motorists.
The Planning Staff (Staff) believes that there is merit to the claims of limited visibility.
Staff conducted a site inspection and took several pictures of a storage container that
City of Columbia Heights Planning Commission
Top Valu Liquor Site Plan, 4950 Central Avenue
September 5, 2007
Case # 2007-0904
was placed in the same general location as the proposed monument sign. The storage
container in the attached pictures is 8'6" in height. From the southbound traffic
perspective, the storage container's visibility is slightly obscured by the SuperAmerica,
bus stop and utility poles.
Staff viewed the storage container location from multiple angles in both the northbound
and southbound traffic directions. After reviewing the pictures taken of the site, Staff
believes that the visibility gained by increasing the overall height of the sign to 10 feet
would aide in gaining visibility of the sign, particularly from the south.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area for Commercial related activities. One of the
goals of the Comprehensive Plan is to provide opportunities and mechanisms for
successful redevelopment of targeted areas within the community, by enhancing the
image and viability of the Central Avenue corridor, while protecting and enhancing
adjacent residential uses. The proposed project is consistent with the Comprehensive
Plan, as it involves the redevelopment commercial entities into an economically viable
and aesthetically pleasing project.
ZONING ORDINANCE
The property is located in the General Business District (GB), as are the propeliies to
the north, south and east. The properties to the west are zoned R-2B, One and Two
Family Residential. The parcel is also located within the Design Overlay Highway
District, and is subject the regulations for such properties.
The City Code at Section 9.106 (P)(12) states that monument signs in the GB District
shall be limited to 40 square feet per side, eight feet in height, and shall be set back a
minimum of five feet from all property lines. The applicant is requesting a text
amendment that would allow the overall monument sign height to be increased from
eight (8) to ten (10) feet. A taller sign would make the sign easier to read, particularly
from the south, and therefore safer to the public.
Staff recommends that the text amendment should be limited to only those monument
signs located in the Design Overlay Highway District from 42nd to 53rd Avenue, along
Central Avenue. The majority of properties zoned GB are located in the Design
Guidelines Highway District along Central Avenue. The other areas of the City zoned
GB are located in areas with lower traffic counts and lower speed limits as well.
Keeping the monument sign height in these areas to eight feet in height would be more
aesthetically appealing, as these areas are geared more towards pedestrian-scaled
activities.
Page 2
City of Columbia Heights Planning Commission
Top Valu Liquor Site Plan, 4950 Central Avenue
September 5, 2007
Case # 2007-0904
DESIGN GUIDELINES
The proposed liquor store located at 4950 Central Avenue is located within the Design
Overlay District, and is governed by the Highway District standards within the Design
Guidelines. The intent of the Design Guidelines is to make the City more aesthetically
appealing, by requiring a set of minimum standards for new construction along Central
Avenue and 40th Avenue. The minimum standards were created by a task force of City
Officials, business owners and residents, and adopted into the City Code by the City
Council.
SIGNAGE. The City Code allows monument signs to be placed no closer than five feet
from the property lines and be no larger than 40 square feet in area. The proposed
monument sign will be placed on the northeast portion of the property at the corner of
Central Avenue and 50th Street, at a distance of five feet from the property lines.
Currently, the sign will be approximately 18 square feet in area. The applicant stated
that the liquor store would like to incorporate an electronic reader board sign in the
future. The maximum combined square footage of the proposed and future sign is 40
square feet.
The Design Guidelines prohibit the use of pylon signs and require that all monument
signs be constructed of materials compatible with those that are used one the principal
structure. The proposed plans indicate that the monument sign will be constructed of
rock face block and brick to match the building.
Signage on the building is limited to 200 square feet for all signs. The proposed site
plan indicates that the building will utilize approximately 50 square feet of signage for
the two signs on the building.
FINDINGS OF FACT
Zoning Amendment
The City Council shall make the following four findings before granting approval of a
request to amend the City Code. These findings are as follows:
1. The amendment is consistent with the comprehensive plan.
One of the goals of the Comprehensive Plan is to strengthen the image of the
community as a desirable place to live and work. The applicant feels that the
increased height in the sign would allow more a more aesthetically pleasing sign
while promoting the safety of the public because it would be easier for motorists
to see.
2. The amendment is in the public interest and is not solely for the benefit of a
single property owner.
Page 3
City of Columbia Heights Planning Commission
Top Valu Liquor Site Plan, 4950 Central Avenue
September 5, 2007
Case # 2007-0904
Staff believes that an increased monument sign
motorists, as it would be easier for the public to
Central Avenue.
height would be safer for
read when traveling along
3. 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 proposed amendment does not change the zoning classification of a
particular propelty.
4. 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 proposed amendment does not change the zoning classification of a
particular property.
Site Plan Approval
Section 9.104 (ivl) requires that the Planning and Zoning Commission shall make each
of the following findings before approving a site plan:
1 . The site plan conforms to all applicable requirements of this article
The proposed site plan meets all the requirements pertaining wall sign size,
placement and illumination. The proposed plan also meets all the Design
Guidelines standards for monument signs in relation to the color of the sign and
the types of matetials used to construct it. Howeve/~ the proposed text
amendment would be required in order for the applicant to construct a monument
sign at 10 feet in height.
2. The site plan is consistent with the applicable provisions of the city's
comprehensive plan.
The proposed project is consistent with the Comprehensive Plan, as it part of a
redevelopment of commercial entities into an economically via!JIe and
aesthetically pleasing project.
3. The site plan is consistent with any applicable area plan.
There is no applicable area plan for this area.
Page 4
City of Columbia Heights Planning Commission
Top Valu Liquor Site Plan, 4950 Central Avenue
September 5, 2007
Case # 2007-0904
4. The site plan minimizes any adverse impacts on property III the immediate
vicinity and the public right-of-way.
The proposed sign age meets all the mll1tnJUm setback requirements and all
Design Guideline requirements. For this reason, the property in the immediate
vicinity should not be adversely impacted.
RECOMMENDATION
Staff recommends approval of the text amendment to allow monument signs in the GB
District and governed by the Design Overlay Highway District, to be increased to 10 feet
in height.
The signage plan conforms to all standards outlined in the Design Guidelines as well.
Staff recommends approval of the site plan for the liquor store signage at 4950 Central
Avenue.
Move to waive the reading of Resolution No. 2007-Pl05, there being ample copies
available to the public.
Move to adopt Resolution No. 2007-Pl05, being a resolution approving a site plan for
the municipal liquor store signage, located at 4950 Central Avenue.
Motion: That the Planning Commission recommend that the City Council approve the
text amendment to Code Section 9.106 (P)(i2) to allow a i0-foot monument sign in the
Design Overlay Highway District.
ATTACHMENTS
. Draft Resolution
. Draft Ordinance
. Location Map
. Site Plan
. Monument Sign Elevations
. Building Signage
Page 5
City of Columbia Heights Planning Commission
Top Valu Liquor Site Plan, 4950 Central Avenue
ii-foot Height Indicator (Storage Container is 8'6" in Height)
Southbound Traffic View From Turn Lane
~~_'~M"",'"
'-'-0_'_"-'.'---- . _. _ ,_
September 5, 2007
Case # 2007-0904
Page 6
City of Coiumbia Heights Planning Commission
Top Valu Liquor Site Plan, 4950 Central Avenue
Southbound Traffic View From Median
\
!
-l:;
;-
Northbound Traffic Vie\A,f From Sidewalk
September 5, 2007
Case # 2007-0904
~
Page 7
City of Columbia Heights Planning Commission
Top Valu Liquor Site Plan, 4950 central Avenue
September 5, 2007
Case # 2007-0904
Northbound Traffic View From Median
Page 8
RESOLUTWN NO. 2007-]['Z05
RESOLUTiON OF THE fLANNlING AND ZONING COMMIISSWN AIPIPROVIING A
SHE IPLAN FOR SIIGNAGE 1I,'OR A MUNICIPAL L1IQUOR STORE WHHlN THE
CHY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2007 -0904) has been submitted by Oertel Architects to the Planning
anu Zoning Commission requesting a site plan approval from the City of Columbia Heights at the
[ollowing site:
ADDRESS: 4950 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval [or signage
[or a l11unicipalliquor store.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on September 5, 2007;
WHERJKAS, the Planning and Zoning Commission has considered the advice and reconU11endations
ofthe City sta[fregarding the cifect ofthe proposeu site plan upon the health, safety, and welfare of
the community anu its Comprehcnsive Plan, as well as any concerns related to compatibility of uses.
traffic, property valucs, light, air, danger o[ fire, and risk to public safety in the surrounding areas;
and
NOW, 'fHEREFO RE, BE n RESOLVE]} by the Planning and Zoning Conunission o[ the City of
Columbia Heights a[ter reviewing the proposal, that the Planning and Zoning Commission accepts
and adopts the following finuings:
1. The site plan conforms to all applicable rcquirements o[ this article, except signage.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
3. The site plan is consistent with any applicable area plan.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the
public right-of-way.
FURTHER, BE rr RESOLVED, that the attached conditions, maps, and other information shall
become pmi ofthis permit and approval; and in granting this permit the city and the applicant agree
that this permit shall becomc null and void if the project has not been completed within one (1)
calendar veal' after the approval date, subject to petition for renewal ofthe permit.
Resolution No. 2006-PZ05
Page 2
Passcd this 5th day of September 2007,
Offcred by:
Seconded by:
RollCall:
Ayes:
Nays:
CHAIR Marlaine Szurek
Attcst:
------------------- -------.---.----------- ----------
----,------- ----------- --- ---------..----- _.-----_._~-
SECRETARY, Shclley Hanson
Approval is contingcnt upon execution and return of this document to thc City Planning Office.
I have read and agree to the conditions of this resolution as outlined above.
Date
Jeff Oertel
ORDINANCE NO. XXXX
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF
2005 RELATING TO MONUMENT SIGNS WITHIN CERTAIN ZONING DISTRICTS
IN THE CITY OF COLUMBIA HEIGHTS
Thc City of Columbia Hcights does ordain:
Chapter 9, Article I, Section 9.106 (P)(l2) of the Columbia Heights City Code, IS
proposed to include the following additions and deletions:
S 9.106 GENERAL DEVELOPMENT STANDARDS.
(P) Off-street parking and loading
(12)Signs in the GB, General Business District.
(a) Permitted signs. In thc GB, Gencral Business District, thc following signs
shall be permitted:
1. Any number of walls signs on any side of a building not to exceed 200
square feet of total surface area for all wall sign surfaces and limited to one surface pCI'
sign. Provided, however, that if a parcel of land on which a building is located directly
abuts residentially zoned land, no wall sign may be locatcd on the side of the building
that faces the abutting residential parcel.
2. One freestanding pylon sign only if the building or structure is located
adjaeent to a state trunk highway and located 20 feet or more from the front lot line, not
to exeeed 75 square feet per surfaee and limited to two surfaees. Provided, however, that
(a) if the building contains more than 80,000 square feet of gross floor area or the site on
which the building is located eontains more than 90,000 square feet of surface area, (b) if
the street frontage of the site on whieh the building or strueture is located exeeeds ISO
feet in length, and ( c) if the building is located 20 feet or more from the front lot line and
is located adjacent to a state trunk highway, a seeond fi'ecst:mding sign not to exceed 75
square feet and limited to two surfaces shall be permitted at a location at least 50 feet
distant fi'om any other freestanding sign and at least 25 fcet distant from the lot line of
any adjoining parcel of and other than a street or alley.
3. If not located adjacent to a state trunk highway and/or where the 20-
foot building setback cannot be met, one monumcnt sign not to excecd 40 square feet in
size, limited to two sides, not to exceed 8 feet in height, and setback a minimum of 5 fect
fi'0l1l any propelty line. If such property is located in the Design Overlay Highway
District, the maximnlll height of the mounment sign may be increased to 10 feet.
4. Any pylon or monument sign mnst be a minimum of five feet from any
building or structure on the same lot.
5. Onc wall sign on each side of the building that faces a public alley, not
to exceed four square feet per surface and limited to onc surface per sign.
6. One area identification sign for each shopping centcr, not to exceed
100 square fect per surface, limited to four surfaces, in addition to one wall sign for each
primary use business, not to exceed 100 square feet per surface, limited to one surface.
7. One identification sign for each use other than primary use, not to
exceed two square feet per surface, and limited to one surface.
8. One wall sign per building with an area of the lesser of 20 square feet
or Yz square foot for each front foot of a building or structure provided that thc said sign
is located on the samc side of the building as an entrance approved by the City Building
Official as a public entrance and provided that the said public entrance and sign faces a
parking facility designated by the city as approved public parking.
(b) Restrictions. Permitted signs in the GB, General Business District, are subject
to the following restrictions:
1. Total signage shall not exceed two square feet for each front foot of
building or structure. In the case of multiple occupancy, the wall surface for each tenant,
user or ovvner shall include only the surface area on the exterior fayade of the premises
occupied by such tenant, user or owner.
2. The maximum height of a sign, including its structures, shall include
only the surface area on the exterior fayade of the premises occupied by such tenant, user
or owner.
3. The maximum height of a pylon sign, including its structures, shall not
exceed 25 feet above the grade at street level or at the base of the sign, whichever is
greater. The maximum height of a monument sign, including its structures, shall not
exceed 8 feet above grade at street level or at the base of the sign, whichever is greater~,
unless the monument sign is located in the Design Overlay Highway District, in
which the maximum height may be increased to 10 feet above grade at street level or
at the base of the sign, whichever is greater.
4. The sign number and area permitted by this section are considered
maximum. Thcse maximums, or any portion thercof, which hare not utilized by the
owncr, occupant or user of property are non-transferable to any other property owned,
occupied or used by such persons or to any other owner, occupant or user of property in
the same or other districts.
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 1. Peterson
Attest:
Patricia Muscovitz, City Clerk
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FAX: 651/696-5188
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DATE:
TO:
ATTN:
COPY:
FROM:
RE:
August 24, 2007
City of Columbia Heights
Bill Elrite
Walt Fehst, Jeff Sargent
Diane Trout-Oertel
Columbia Heights Sigt1age Ordinance il,l11endl11ent
MEMORANDUM
REASON FOR REQUEST
A revision to the sigt1age ordinance as it pertains to the Highway District is requested as follows:
Increase the allowable height of gt'Olmd or monument signs fi'om 8' -0" to 11' -0",
The reason for the rcquest is better visibility, Central Avenue is a busy highway with two lanes
of tratlic in both directiuns and many distractions snch as the blight lights associated with a
c01llinercial ship. Dlivers need to look across two or tin'ee lanes of h'affic to see sigt1s on the
opposite side of the street. For example, coming from the sonth, drivers will need to look across
two or tlll'ee lanes of traffic to see the monument sign at the Top Valu Liquor Store. Coming
from thc n01th, the bright lights of the Super A.l11erica and a number of poles, including traffic
lights, will interfere with visibility of its sigJ1age. Also, Cenh'al Avenue is situated at a higher
elevation in relation to the Top Valu Liquor Store and its neighbors to the south, which are
situated in a slight depression, Undcr these conditions a higher, larger monument sign is easier
to read and therefore safer to the public,
A brief survey of zoning codes for other cities in the Twin Cities area indicates that that a revised
allowable height of 11 '-0" or cven 12"-0" is consistent with the heights allowed for gt'ound or
monumcnt sigt1s in the Mctro area. The attached list suggests that the median height of gt'ound
or monument sigt1s in the Metro area is xx" -0" and the average height is xx' -",
CI7fJ! OF COLUMBIA HEIGHTli
DATE:
AUGUST 24, 2~()7
1'0:
JEFF SARGENT
PLANNER
FROM:
W~LUAi"I JELRITE
FINANCE DIRECTOR
RE:
ATTACHMENT TO ZOmNG AJ\1lENDIVffiNT APlPUCAHON
Back~round
The City of Columbia Heights is in the process of constmcting two liquor stores. The site plans
for the stores have been completed, submitted and approved by the Planning & Zoning
Commission. Vfben the site plans were submitted they did not include the monument signs. The
reason for this was that we were unable to design a sign that would fulfill our needs within the 8-
foot height restriction. We have now designed a sign that is 11 feet high that blel1lis in veq well
and follows the architectural design ofthe building. Weare requesting approval either through a
variance or a code change to allow for an ll-foot high sign. In reviewing tins \vith the City
Manager and the CommUlnty Development Director, it was their strong feeling that the best
solution to tlns was a change to the zoning code to allow for an ii-foot high sign.
Need for a Lar~er Si~n
Vie feel that there are several justifications for a Ingher sign. Several of the reasons used for the
Sarna location also apply to this location. Vehicles that are headed north on CentTal Avenue are
moving uplnl1, the liquor store is on the opposite side of the street and has a limited view.
Velncles headed south have a more restricted view as the site is blocked by the Super Amelica
station, the bus stop, and utility poles. At night thc Super America station bas sigInJicant
lighting that obscures the liquor store and sigIlage. The proposed SigIl is a monument dougbnut
sign tbat is ii-feet tall. The center open pOliion of the sign is approximately 4'8" by 6"8". The
SigIl was designed with this opelnng for the potential addition of a reader board in the opening in
the future. It was felt that for a stationary reader board to be effective the miInmlUn size 111ust be
4-feet Ingh by six-feet wide. Working with tins measurement and putting an adequate, attractive
base nnder the sign, as well as adding a minimal SigIl to the top of the monlUnent, is how we
reached the II-foot height. Cutting back on the base, the open dougbnut space, or the actual SigIl
on top ofthe monument would gI'eatly deter from the appearance and effectiveness of the sigIl.
CUlTent Status ofthe Proiect
I feel it is worth noting that this is the only requested exception or variance to city ordulances for
the liquor stores project. Although it was difficult to comply with all zoInng and design
guidelines due to the slope and location of the Jots, tlns has been accomplished. Not only has
this been accomplished, but also we have exceeded desigIl guidelines in viliually all areas, fTom
the amount of window space, parking spaces, landscaping, number of trees, etc. These areas
have all met or exceeded desigIl guidelines. This is the only request that we have had for an
exception to city code.
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I HEREBY CERTlP( Trl.....T T;-!IS
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BY ~\E: OR utmER MY DIRECT
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A DULY REGiSTERED ARCHITECT
IN THE STATE OF MINNESOTA
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I HEREBY CERTlFY TI-iAT THIS
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COLUMBIA HEIGH I S LIQUOR STORES
COLUMBIA HEIGHTS, MN
DESCRIPTION;
SITE LOCA liON
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8-24-2007
FILE NAME:
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1795 SAINT CLAIR AVE, / ST. PAUL, MN 55105
(651) 696-5186/16511 696-5188 FAX
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CITY OF COLUMBIA HEIGHTS
590 40th Avenue N.E.. Columbia Heights, MN 55421.387K (763) 706.3600 TDD (763) 706.3692
Visit Our Website lit: j\'lI'w.ci.colwnbiu-hei&hts.11I11.US
Memo to Design Guidelines
Date:
From:
Re:
August 16, 2007 .
Jeff Sargent, City Planner J5
Signs in Design Guidelines Districts
The Design Guidelines indicate the following:
Applicability: The guidelines apply to all nonresidential, mixed use and/or
multifamily buildings, and to the following activities:
. New construction;
. Any exterior changes, including repainting, with the exception of
replacement or repair of existing materials;
. Any internal remodeling or expansion activity that increases the overall
size of the building by 10 percent or more;
. Any development or expansion of parking areas that would result in a lot
with more than four parking spaces.
Minor alterations such as repainting may be handled administratively, as
determined by the City Planner.
After reviewing the rules of applicability, the City Planner and the Community
Development Director determined that a sign reface, as well as an upgrade to a
preexisting sign, shall be considered a minor alteration and shall not be subject
to site plan review by the Planning Commission.
Any proposed signage for new building construction, or any major sign plan
overhaul to an existing building, shall be considered a major alteration and shall
be subject to site plan review by the Planning Commission.
THE CiTY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE 8M~IS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERViCES
EQUAL. OPPOR I UNITY EMPLOYER