Loading...
HomeMy WebLinkAboutSeptember 5, 2007 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING SEPTEMBER 5, 2007 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), Gary Peterson ( Council Liaison), and Shelley Hanson (Secretary). Motion by Fiorendino, seconded by Peterson, to approve the minutes.fi'om the meeting of August 8, 2007. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2007-0901 Mister Car Wash 4423 Central Avenue NE Site Plan 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: I. 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. 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 enviromnent 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. PLANNING & ZONING COMMISSION MINUTES PAGE 2 SEPTEMBER 5, 2007 ZONING ORDINANCE The property is located in the General Bnsiness 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 propelties. PARKING. The proposed site plan indicates that there will be no change to the cnrrent number of parking stalls on site. Cnrrently, 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 Thc 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 ap(,Jealing, by requiring a set of minimum standards for new constrnction along Central Avenue and 4011 Avenue. 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 revffil1ped and new landscaping will be installed. For tlus reason, the Plffiming Commission is required to review to proposed site plan. BUILDING MATERIALS. Currently, the building has vinyl siding, which is prolubited 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 stncco. Stucco is specifically mentioned in the Design Guidelines as ffil acceptable building material in all districts. SIGNAGE. The applicants will incorporate a new wall sign on the building. The sign will meet all the signage requirements pertailung to square footage, coloration and illumination. The existing pylon sign will also be refaced with the new catwash logo. BUILDING COLOR. The color of the building will be a neutral color consistent with tile requirements of the Design Guidelines. The applicatlts will incorporate a red band around the top ofthe building that will take up no more tlmn 15% of the fayades. The Design Guidelines specify that primary colors may be used as ffil accent color as long as it takes up no more than 15% of any fayade. Sargent referred to the pictnres included in the packets for ffil idea of how the building will look once the remodeling is complete. FINDINGS OF FACT Section 9.104 (M) requires that the Planning Md ZOlung Commission shall make each of the following findings before approving a site plan: 1. The site platl conforms to all applicable requirements of tlus atticle The proposed site plan meets all the requirements pertaining to setbacks, parking, and public access for the district in which it is locuted. The Design Guidelines elements for the property have also been met and are in compliance to the Code. PLANNING & ZONING COMMISSION MINUTES PAGE 3 SEPTEMBER 5, 2007 2. The site plan is consistent with the applicable provisions ofthe city's comprehensive plan. The proposal is consistent with the Comprehensive Plan because the use is propel' for what the area is guidedfor. 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 planfor 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 all the minimum setback requirements and all Design Guideline requirements. For this reason. the property in the immediate vicinity should not be adversely impacted. Staffrecommends approval of the site plan request. Questions from members: Mr. Handt was not present, but a representative and the Architect working with them was there to answer any questions the commission had. Fiorendino stated he thought the bmld of color on the photo looked like more thml the 15% allowed under the guidelines. He was told the photo submitted was to indicate the color scheme only, and that the band will not exceed the 15% allowed. Schmitt asked why the pylon sign wasn't being replaced. Sargent explained that since the business use is remaining the same, they are not required to change out the existing signage. Schmitt also asked if the access off the street in back was to remain open, and was told yes. Peterson questioned the garage door openings in the drawings submitted. The architect passed out a revised drawing that indicated the two existing doors in the front and the two sets of windows on the side would remain. They had decided to keep the windows on the side instead of covering them up with the exterior finish. There was some discussion regarding the signage that would be on the building. The original photo depicted a second pylon sign at the corner of the building. The architect stated there would be signage on the building itself using the logo depicted in the pictures, but that there would not be a second pylon type sign. Szurek asked if it would be the same type of car wash, where customers sit in their cars during the wash process. The architect said that it would be similar, but they will be incorporating a more energy efficient way to rinse the cars so that less water would be used. The water will come from above the cars rather than the side as was done in the past, to create a waterfall affect. PLANNING & ZONING COMMISSION MINUTES PAGE 4 SEPTEMBER 5, 2007 Fiorendino was concerned about the parapet that was includcd in the new drawing tllat was passed out at the meeting. He questioned whether the commission could require accurate drawings for the City Council. Sargent stated that this item does not go to the City Council, but we could request them to bring back their information next month because he has not had time to review this new drawing either. He needs to review to see if the new design Witll the parapet and building signage would meet the Design Guidelines. Members were uncomfortable approving something they shouldn't. Sargent told members tlley could either approve what was in the packet and staff would ensure the guidelines are met in regards to signage mld color schemes, and that the building permit process would cover the changes made to the building-or tllCY could table the matter and make them re-submit tlleir final plml. Szurek was concerned about tabling this as she knows they me already doing remodeling work mld they are trying to get tlle work done as quickly as possible so they cml open. Thompson made a motion to table until the next meeting to get tlleir paperwork in order, however, the motion failed due to a lack of a second. Sargent stated that if the signage is put on the building as submitted and not on the concrete pm'apet piece, it could be approved. Otherwise, it has to be tabled being as it was not on the original plan that was submitted for approval. The architect said they would like the C0111111 ission to approve what was originally submitted. The 14 ft x 5 ft. stucco pmapet was a last minutc idea that cml be removed. The main purpose of the new drawing was to indicate the location of the doors and windows. Public Hem'ing Opened: No one was present who wished to speak on tillS matter. Public Heming Closed: Motion by Fiorendino, seconded by Peterson, to waive the reading of Resolution No. 2007-PZ04, there being ample copies available to the public. All ayes. MOTION PASSED. JJfotion by Fiorendino, seconded by Schmitt, to adopt Resolution No. 2007-PZ04, being a resolution approving a site plan, for remodel ofbuilding's exterior, subject to the following conditions: 1. Only 15% of the buildingfm;ades may be utilized for primary accent colors. 2. Unless otherwise permitted by the Design Guidelines, wall signage may not be internally lit. All ayes. MOTION PASSED. Attached is a copy of the Resolution. RESOLUTION NO. 2007-PZ04 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR MISTER CARWASH WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0901) 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: PLANNING & ZONING COMMISSION MINUTES PAGE 5 SEPTEMBER 5, 2007 ADDRESS: 4423 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE 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 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 conce1'l1S 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 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 innnediate vicinity and the public right-of-way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become pmi of this permit mld 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 ofthe permit. Passed this 5th day of September 2007, Offered by: Fiorendino Seconded by: Schmitt Roll Call: All ayes CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson -------------------------------- -------------------------------------- ------------ -------------- --------------------- -------------------- Approval is contingent upon execution and retu1'l1 of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Bob Handt Date PLANNING & ZONING COMMISSION MINUTES PAGE 6 SEPTEMBER 5, 2007 CASE NUMBER: APPLICANT: HEQUEST: 2007-0902 City of Columbia Heights Zoning Amendmcnt to the Zoning Code as it relates to Interim Uscs BACKGROUND Staffreconmlends amending the zoning code to allow Interim Uses throughout the various zoning districts in Columbia Heights. "Interim Use" wonld be defined as: "A temporary use of propcrty ll11til a particular 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 agricuItmal/produce sales and ontdoor Christmas tree sales. Cnrrently, the zoning code only addresses seasonal agricultmal 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 greenllouses. The establishment ofthe Interim Use ordinance will allow for better regulation and enforcement of seasonal activities that are cunently not controlled. Currently, all fireworks sales tents and displays aI'e required to obtain a permit ffild meet specific criteria set fOlth 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 Call be located, how much sig11age these businesses may utilize alld how long these events may last. COMPREHENSIVE I'LAN Discussion of regulations begins with identifying the connnunity's goals for economic and conl1nercial vitality fonnd in the Comprehensive Plan. The Comprehensive Plan identifies the goals; the pmpose of the zoning ordinance is to guide private activity toward the achievement of those goals. The City's Comprehensive Plall 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 cOJ1l1nl11lity. 2. Strengthening the image ofthe commnnity as a desirable place to live alld work. 3. Encouraging the continuation and enhancement of existing businesses within the COJ1l1llUnity. 4. Improving the image of cOlmnercial aI'eas 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 ffild visitors to Columbia Heights. The Interim Use ordinance regulates seasonal outdoor sales events by establishing a consistent process for each type of activity. The Plmming COJ1l1llission'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 mea, ffild provide safe and fi'iendly environments for residents and visitors. PLANNING & ZONING COMMISSION MINUTES PAGE 7 SEPTEMBER 5, 2007 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 me 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, sqfety and welfare of the public. c) Where the amendment is to change the zoning classification of a particular prope11y, 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 particulm 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 placc since such property was placed in its current zoning classification. The zoning classification of land will not change. Staff recommends that the Planning and Zoning COIlllllission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. Sargent reviewed the changes made to the Ordinance with the members. Ouestions bv members: Szurek questioned if the same process would still be used in processing these requests. Sargent explained that it will no longer require a Conditional Use Permit, but would now be processed as an Interim Use Permit. The Planning and Zoning Commission would review these requests, but they will not go before the City Council. It was the desire of the City Conncil to handle these requests in this mam1er. Schmitt asked ifthere have been any problems in the past with any of the uses that will now be administered as al1 Interim Use. Sargent said there haven't been any problems thus far, but by creating the Interim Use Permit we will be able to control these tent sales operations better. We will be able to ensure not too much parking is taken and that public safety is protected. The Fire Dept. will still be involved and will review the plans for flammable materials, adequate access routes and that escape exits are provided. PLANNING & ZONING COMMISSION M1NUTES PAGE 8 SEPTEMBER 5, 2007 Fiorendino questioned whether a residential or multi family area could have a conunercial greenhouse on their property 11l1d sell to tile public. He wondered if we need a definition clarifying the difference of a residential greenhouses versus a cOllunercial greenhouse and where they can be installed. Sm'gent said Imlguage could be put into the code to clarify this. Peterson thought this policy change is a good idea. He wants to see Fireworks Sales Tents controlled somehow as he feels these are more dmlgerous to the public thml plmlt sales. Public I-rem-ing opened: No one was present to speak on this matter. Public Hearing Closed. Motion by Schmitt, seconded by Peterson, that the Planning Commission recommends the City Council approve the text amendments as outlined in the attached draft ordinance. All ayes. MOTION PASSED. This ordinance will go to the City Council for the first reading on September 10,2007. ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE Of 2005 RELATING TO INTERIM USES WITHIN CERTAIN ZONING DISTRICTS IN THE CITY OF COLUMBIA HEIGl-ITS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.103 DEFINITIONS. 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 property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Chapter 9, Article 1, Section 9.104 (B)(2)(b)(3) of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~ 9.104 ADMINISTRATION AND ENFORCEMENT. (B) Authority and duties for administration. (2) Zoning Administrator. (b) Duties. The Zoning Administrator shall have the following responsibilities: PLANNING & ZONING COMMISSION MINUTES PAGE 9 SEPTEMBER 5, 2007 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 L 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 and duties for administration. (4) Planning Commission. (b) Duties. The Plamling Commission shall have the following responsibilities: I. I-Iear and make recommendations to the City Council regarding all applications for a conditional use permit or an amendment to a conditional use permit. 2. Hear and make the final decisions on all applications for an interim use as defined in this article. ~3. Hear and make recommendations to the City Council regarding all applications for an amendment to this article, both text amendments and amendments to the district boundaries on the official zoning map. ;h4. I-leal' and make recommendations to the City Council regarding all applications for minor subdivisions, preliminary plats ffild final plats. 4.5. Review, hold public hearings, and prepare recommendations on any changes to the City's Comprehensive Plan. ~6. Review this mticle from time to time and make recommendations to the City Council that changes be initiated. (r. 7. Hear and make rec0l111uendations on any other matter referred 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 L Section 9.104 of the Columbia Heights City Code, is proposed to include the following additions and deletions: PLANNING & ZONING COMMISSION MINUTES PAGE 10 SEPTEMBER 5, 2007 99.104 ADMINISTRATION AND ENFORCEMENT. (I) Interim uses. (1) Purpose. The interim use process provides for a temporary use of land for a specific pedod of time, and may bc allowed upon demonstration that such usc meets ideutified standards established in this article. It is intcnded that the interim use of land does not run with the land, and would need to bc app,'oved upon each subseqnent use. (2) Right of application. Any pel'son with a legal intercst in the property may filc an application for an interim usc, provided said interim use is idcntified as an interim use within the zoning district in which the property is located. (3) Application for interim use. An application for an interim use shall be filed with the Zoning Administrator on thc approvcd fm'm and shall be accompanied by a site plan, a detailed written descdption of the proposed use and any other information dctermined by the Zoning Administmtor to be necessary. (4) l)ublic hearing. 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 the public hearing, the l'lanning Commission shall make findings and make the final decision regarding the application, (5) Requiredfindings. The Planning Commission shall make each of the following findings before granting an intedm use: (a) The use is one of the interim uses listed for the zoning distdct in which the property is located, 0" is a substantially similar use, as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comp,'ehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. (e) The use will be design cd, constructcd, operated and maiiltained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) Adequate measures have been or will be taken to minimize traffic congestion ou the pubic streets and to provide for appropriate on-site circulation of traffic. (g) The use will not cause a negative cumulative effect, when considered in conjunction with the cnmulative effect 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 impacts associated with the interim use, to protect neighboring properties, and to achieve the objectives of this article. PLANNING & ZONING COMMISSION MINUTES PAGE 11 SEPTEMBER 5, 2007 (7) Time duration. An interim use shall be granted for a maximum of ninety (90) days per calendar year, unless otherwise specified in this article. (8) Discontinuance. An interim use shall be deemed discontinued after the specified time duration has elapsed. Upon discontinuance of an intuim use, all subsequent interim uses shall require an interim use permit. **NOTE** Existing ~ 9.104 (I) and ~ 9.104 (J-O) shall be re-lettered accordingly. Chapter 9, Article I, Section 9.106 (G) of the Columbia Heights City Code, is proposed to include the following additions mld deletions: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (G) Temporary uses and structures. The following temporary uses mld structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this article: ES1 SeatfeneHrgricuituraf safes. The seasonal-ffilttleef-Sftle-Bf-agric~lltura\-pfeduets, inclm:lffig but not limited tEl-j3ffiduee, plants and Christmas trees, may be nllowed as a condffienal-HSe-f!eJtlJ30ffll'Y in nature) for a maximam of 90 days per calendar year, provided such use does not utilize public right- ~lie property for the sale or display of such iteHlfr. (61(5) Other temporary uses. In addition to the temporary uses and structures listed above, the Zoning Administrator may allow other temporary uses and structures for a maximum of IS days per calendar year, provided the said use or structure is substantially similm' to the uses and structures listed herein. Chapter 9, Aliicle I, Section 9,107 (C) of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific Development Standards. The following uses are subject to specific development standards: (20) Fireworks tents. (a) The fireworl{s tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. (b) The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFP A Chapter 1124. (c) The fireworks tent shall be accessol'Y to a commercial use. (d) FirewOl'ks tents located within the public right-of-way are prohibitcd. PLANNING & ZONING COMMISSION MINUTES PAGE 12 SEPTEMBER 5, 2007 (e) All goods shall be displayed ou a designated impcrvious surface area. (f) All goods shaH be displayed in an orderly fashion, with access aisles provided as needed. (g) Music or amplificd sounds shaH not bc audiblc from adjacent rcsidential propertics. (h) The fireworks tcnt shaH not reduce the amount of off-street parking provided onc-sitc below the level rcquiI'ed for thc principal use. (i) An appl'opriate transition area between the use and adjacent property shaH be provided by landscaping, screcning or other site improvemcnts consistent with the character of the neighborhood. (j) Sign age shall be limited to two (2) professionally made signs, with a combined square footage not excceding thirty-two (32) square fcet. (k) Firewol'ks tents may be aHowed for a maximum of ninety (90) days per calendar year. **NOTE** Existing ~ 9.107 (C)(20) and ~ 9.107 (C)(21-24) shaH be l'ellUmbered accordingly. (25) Greenhouses (residential). (a) A residential greenhouse shall only be aHowed for one and two family dwellings. (b) A residential greenhouse shaH meet aH setbacI{s requirements of an accessory structure in the zoning district it is located. (c) A residential greenhouse stl'Ucturc shaH not count against the total number of detached accessory structures aHowed on a residential property. (d) A residential grecnhouse stl'Ucture shaH not count against the total allowable combined square footage of accessory stl'Uctures allowed on a rcsidential property. (e) A rcsidential greenhouse shaH bc allowcd during the normal growing season only. (f) When not in use, a residential greenhouse shall be dismantled, **NOTE** Existing ~ 9.107 (C)(25) and ~ 9.107 (C)(26-27) shall be renumbered accol'dingly. PLANNING & ZONING COMMISSION MINUTES PAGE 13 SEPTEMBER 5, 2007 (28) Outdoor agricultural/produce sales. (a) The outdool' agricultural/produce sales lot shall be accessory to a commercial use. (b) Outdoor agricultural/produce sales located within the public right-of-way arc prohibited. (c) All goods shall be displayed in a designated area that is hard surfaced. (d) All goods shall be displayed in an orderly fashion, with access aisles provided as needed, (e) Music 01' amplified sounds shall not be audible from adjacent I'esidential properties. (f) The outdoor agricultural/pl'oduce sales lot shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. (g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or othel' site improvements consistent with the character of the neighbol'hood. (h) Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32) square feet per sign, (i) Outdoor agricultural/produce sales facilities may be allowed for a maximum of ninety (90) days per calendar yeal', (29) Outdoor Christmas tree sales. (a) Outdoor Clu'istmas tree sales lots shall be accessory to a commercial use. (b) Outdoor Christmas tree sales located within the public right-of-way are pl'ohibited. (c) All goods shall be displayed in a designated area that is hard surfaced. (d) All goods shall be displayed in an orderly fashiou, with access aisles provided as needed. (e) Music or amplified sounds shall uot be audible from adjacent residential properties, PLANNING & ZONING COMMISSION MINUTES PAGE 14 SEPTEMBER 5, 2007 (f) Outdoor Christmas trcc salcs lots shall not rcducc thc amount of off-strcct parkiug pI'ovidcd onc-sitc bclow thc Icvcl rcquircd for thc principal usc. (g) An appropriatc transition arca bctwccn thc usc and adjaccnt propcrty shall bc providcd by landscaping, scrccning or othcr sitc improvcments consistent with thc charactcr of thc ncighborhood. (h) Sign age shall bc Iimitcd to two (2) profcssionally madc signs, with a combined square footagc not cxcccding forty-cight (48) square fcct. (i) Outdoor Christmas trcc salcs lots may bc allow cd for a maximum of ninety (90) days pCI' calcndar ycar. **NOTE** Existing !l9.107 (C)(28, 29) aud !l9.107 (C)(30-44) shall bc l'cnumbcI'cd accordingly. Chapter 9, Article I, Section 9.1 09 of the Columbia Heights City Code, is proposed to include the following additions and deletions: !l9.109 RESIDENTIAL DISTRICTS, (E) R-I, Single-Family Residential District. (4) Interim Uses. Exccpt as spccifically Iimitcd hcrcin, thc following uscs may bc allowcd in thc R-l, Singlc-Family RcsidentiaI District, subjcct to thc regulations sct forth for intcrim uscs in !l9.104, Administration and Enforccmcnt, and thc regulations for spccific uscs sct forth in !l 9.107, Spccific Dcvclopmcnt Standards: (a) Grccnhousc. E4J(5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in Ule R-1, Single-Family Residential District: (a-h) [SECTIONS TO REMAIN UNCHANGED] (F) R-2A and R-2B, Two-Family Residential District. (4) Interim Uses. Exccpt as spccifically Iimitcd hel'cin, thc following uscs may bc allowed in thc R-2-A and R-2B, Two-Family Rcsidcntial District, subjcct to the rcgulations sct forth for intcrim uses in !l 9.104, Administration and Enforccmcnt, and thc rcgulations for spccific uscs sct forth in !l9.107, Spccific Dcvclopmcnt Standards: (a) GI'ccnhousc. E4J(5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the R-2A and R-2B, Two-Family Residential District: (a-h) [SECTIONS TO REMAIN UNCHANGED PLANNING & ZONING COMMISSION MINUTES PAGE 15 SEPTEMBER 5, 2007 (G) R-3, Limited Multiple-Family Residential District. (4) Interim Uses. Exccpt as specifically limited hel'ein, the following nses may be allowed in the R-3, Limited Multiple-Family Residential District, subject to the regulations set forth for interim uses in ~ 9.104, Administration and Enforcement, and the regulations for specific uses set forth in ~ 9.107, Specific Development Standards: (a) Grecnhouse. E4)(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 fOl'th for interim uses in ~ 9.104, Administration and Enforcement, and the regulations for specific uses set forth in ~ 9.107, Specific Development Standards: (a) Greenhouse. E4)(S) Permitted accessory 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: ~ 9.110 COMMERCIAL DISTRICTS. (E) GB, General Business District. (4) Interim Uses. Exccpt as spccifically limitcd herein, thc following uscs may bc allowcd in thc GB, General Busincss District, subject to thc regulations sct forth for interim uscs in ~ 9.104, Administration and Enforccmcnt, and the rcgulations for specific uscs sct fOl.th in ~ 9.107, Specific Dcvclopmcnt Standards: (a) FiI'cworl,s tcnts. (b) Outdoor agricultural/produce salcs. (c) Outdoor Christmas trcc salcs. (-41(5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the GB, General Business District: PLANNING & ZONING COMMISSION MINUTES PAGE 16 SEPTEMBER 5, 2007 (a-f) [SECTIONS TO REMAIN 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 Distl"ict, subject to the regulations set forth for interim uses in ~ 9.104, Administration and Enforcement, and the regulations for specific uses set forth iu ~ 9.107, Specific Development Standards: (a) Fireworl,s tents. (b) Outdoor agricultnral/produce sales. (c) Outdoor Christmas tree sales. f4-)(5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the CBD, Central Business District: (a-e) [SECTIONS TO REMAIN UNCHANGED] f3-)(G) Off-street parking. The CBD, Central Business District, shall be considered an off-street pmking district in which off-street pmking is not required for nomesidentialland uses. Residential land uses, including those in mixed-use buildings, shall meet the parldng requirements of S 9.106. (Ord. 1428, passed 5-29-01; Am. Ord. 1460, passed 10-13-03) Section 2: This ordinance shall be infullforce and efJectfi'om and after 30 days after its passage. First Reading: Second Reading: Date of Passage: ,2007 ,2007 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk PLANNING & ZONING COMMISSION MINUTES PAGE 17 SEPTEMBER 5, 2007 CASE NUMBER: APPLICANT: REQUEST: 2007-0903 City of Columbia Heights Zoning Amendment to the Zoning Code as it relates to Nightclub Uses PlaJmer Sargent explained that staffis still working on this and ask that it be tabled to the next meeting. Motion by Fiorendino, seconded by Schmitt to table Case 2007-903 to the next regular meeting. All ayes. MOTION PASSED. CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2007-0904 Oertel Architects/ City of Columbia Heights 4950 Central Avenue Zoning Amendment (Monument Signs), Site Plan Approval INTRODUCTION At this time, Oertel Architects is requesting two approvals in conjlUlction with the construction of a new municipal liquor store, located at 4950 Central A venue. 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 A venue. 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 sitc plan approval for building's signage once the design was complete. At this time, the sign plan for the building and propeliy 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 nOlihbound on Central A venue 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. 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 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. PLANNING & ZONING COMMISSION MINUTES PAGE 18 SEPTEMBER 5, 2007 COMPREHENSIVE PLAN The Comprehensive Plan guides tllls area for Commercial related activities. One of tlle goals of the Comprehensive Plan is to provide opportullities and mechanisms for successful redevelopment of targeted areas within the community, by enhancing tlle 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 propelty is located in the General Business District (GB), as are the properties to the nOlth, soUtll and east. The properties to the west are zoned R-2B, One and Two Family Residential. The parcel is also located witllln the Design Overlay Highway District, and is subject the regulations for such properties. The City Code at Section 9.106 (P)(l2) 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 millimum of five feet fi'om 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 monwnent signs located in tlle 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 otller areas of the City zoned GB are located in areas with lower traffic counts and lower speed limits as well. Keeping tlle 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. DESIGN GUIDELINES The proposed liquor store located at 4950 Central Avenue is located within the Design Overlay District, and is govel1led by the Highway District standards within the Design Guidelines. The intent of the Design Guidelines is to malce the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central A venue and 40th Avenue. SIGNAGE. The City Code allows monument signs to be placed no closer tl1an five feet fi'om 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 tlmt the liquor store would like to incorporate an electronic reader board sign in the future. The maximwll combined square footage of tlle proposed illld future sign is 40 squill'e feet. The Design Guidelines prohibit the use of pylon signs and require that all monument signs be constructed of materials compatible with tllose 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 thc two signs on the building. PLANNING & ZONING COMMISSION MINUTES PAGE 19 SEPTEMBER 5, 2007 FINDINGS OF FACT Zoning Amendment The City Council shall make the following four findings bcfore granting approval of a request to amend the City Code. Thesc tindings are as follows: 1. The amendment is consistent with the comprehensive plan. One of the goals of the Comprehensive Plan is to strengthen the linage 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 easierfor motorists to see. . 2. The amendment is in the public intcrest and is not solely for the bcnefit of a singlc property owncr. Staff believes that an increased monument sign height would be safer for motorists, as it would be easierfor the public to read when traveling along Central Avenue. 3. Where the amendment is to changc the zoning classitication of a particular property, the existing use of the property and the zoning classification of propelty within the general area of the prope1ty in question are compatible with the proposed zoning classification. The proposed amendment does not change the zoning classification of a particular property. 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 (M) requires that the Planning and Zoning COImnission 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 materials used to construct it. However, 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 ofthe 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 viable and aesthetically pleasing project. PLANNING & ZONING COMMISSION MINUTES PAGE 20 SEPTEMBER 5, 2007 3. The sitc 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 signage 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. Staffreconllnends 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 reconllnends approval of the site plan for the liquor store signage at 4950 Central Avenue. Questions from members: Peterson was concerned about the image the city is portraying by constructing a large monument sign in addition to the wall signage, advertising Liquor Sales. Sargent responded that the Liquor Store should have the same rights as other businesses to draw attention to their product. He stated it is a nice looking building and that the monument sign meets the Design Guideline requirements. He went on to say that it is up to the City Council to decide what image they want the store to portray. Sclllnitt said there was a discrepancy in the report as to the actual sign height being requested-CIs it 10 ft or 11 ft?). Sargent explained the applicant agreed to downsize the height to lOft from the original request. She asked what the height of the building was. He stated it is 22 ft high. Schmitt then spoke to the staff report that stated they may want to add an electronic reader board sign to the monwnent sign at a later date. She stated that a lot of work went into establishing the Design Guidelines and that according to page 32, electronic reader board signs are not allowed. She had concerns about changing the requirements now since they were established for a reason. The purpose was to lower signage to eye level. She feels the height of the monument sign at 8 feet would be fine as it will be lit and cannot be compared to the storage containers shown in the photos that blend into the color of the earth around them and are not lit. Walt Fehst, City Manager, addressed the Commission. He stated the City was originally going to ask for a variance, but staff felt it was better not to set a precedence of making an exception to thc mle, and that it would be more acceptable to make a text amendment to increase the height of monument signs along this corridor to 10 feet. He also questioned those present if it was their intent to prohibit electronic reader boards. He was under the impression it was the other reader board signs, that use lettering on whiteboard, such as the one Sarna's added to their sign that should be disallowed. He thirties electronic ones are more visually appealing. Fehst also stated another reason for the additional height is to prevent vandalism of the sign. He also pointed out to the members that the signage on the building itself is only y. of the allowable amount, so they are staying well Wlder the maximum amount of sq. ft. for their signage. PLANNING & ZONING COMMISSION MINUTES PAGE 21 SEPTEMBER 5,2007 Sargent agreed that flashing and changing signs are not allowed. Staff will be looking into how other cities regulate electronic signs and how often messages are allowed to change. He has already polled other cities to find out what their height restrictions are and he informed the members that the majority of the cities have a 10 foot limit. Only St. Anthony has an 8 foot height restriction. He explained that the text amendment, if approved, would allow other businesses along Central from 4211d to 53rd to do the same. The only monument sign that has been installed to date since the Design Guidelines were established has been Advanced Auto Pm.ts. He explained that staff felt it was more acceptable to file this request as a text amendment to make an even playing field for all the businesses, rather than to grant a variance which sets precedence for all future requests mld possibly subjects the city to scrutiny of its actions. Fiorendino didn't feel a larger size sign was any safer, nor would it be more aesthetically pleasing. He felt Sarna's went through the right process and proved their hardship. He doesn't feel it is necessary to change the whole district, but he understands the political ramifications. Thompson said he is not against a 10 foot high sign, but he thinks it looks bad for the city to get an exception to the rules. He felt the rules, as established, should be respected. [<ehst stated the only reason they decided on the text amendment was so the city wouldn't be allowed an exception. He thinks the height increase makes sense for the businesses along Central Ave. He understands that not everything is looked at closely when guidelines are first established and that some things need to be tweaked. He does feel that 8 feet is too short due to visibility of the site and traffic speeds at that intersection. Szurek also was not against a 10 foot high sign and that it makes sense in this case, however she was concerned about how it looks to do the city a favor. She said the increased height wouldn't look out of place because the building has a two story front. However, she thought it would look out of place if a one story building made the request. Diane from Oertel Architects spoke to the members regarding the design of the sign. She said propOliion should be considered when considering this request. She stated the Design Guidelines address the cosmetic look of signage and were established to guide the design, however there must be some flexibility for what best fits the site. Larry Scott, Liquor Store Manager said the sign was designed to be demur and to blend well with the building, and thinks it is more attractive thml most. Szurek had no problem with the design or actual size of the sign. The members were more concerned with the perception of approving the request. There was more discussion about whether it would be better to consider a variance or the text amendment. Mayor Peterson stated he felt the sign fit the building. He suggested that maybe the height limit was too stringent when the guidelines were passed in the first place. But to deny the request to prove a point may not be the right thing to do either. Planning & Zoning Commission Minntes Page 22 September 5, 2007 It was pointed out that any new building will have to be a minimum of 22 feet in height, so mlY new signs cml be 10 foot and will look just as proportionate as this one, so the text mnendment wouldn't be detrimental. Existing buildings already have signs and they will keep what they have and reface them for visibility and economic reasons. Members then discussed ml mnendment to the motion to allow 10 foot high monument signs for buildings of 22 feet in height or more, to make sure they are proportionate to the building. Public Hearing Opened: No one was present who wished to speak on this matter. Public Hearing Closed. Motion by Peterson, seconded byFiorendino, to waive the reading of Resolution No. 2007-PZ05, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Peterson, seconded by Thompson, to adopt Resolution No. 2007-PZ05, being a resolution approving a site plan for the municipal liquor store signage, located at 4950 Central Avenue. Thompson, Fiorendino, Peterson, Szurek - aye and Schmitt- nay. MOTION PASSED. Motion by Peterson, seconded by Thompson, that the Planning Commission recommend the City Council approve the text amendment to Code Section 9.106 (P)(12) to allow a 1 O-foot monument sign in the Design Overlay Highway District for buildings of 22 feet in height or more. Thompson, Peterson, Szurek-aye and Fiorendino and Schmitt-nay. MOTION PASSED. NEW BUSINESS Sm'gent reviewed the draft policy to the Design Guidelines that would allow staffto review mld issue permits for signage along Central A venue and 40th Avenue. This would make it consistent with how other sign permits me processed in the city. Currently, sign permits along these two Avenues require approval from the P & Z Commission. By allowing staffto review the requests, it would save time for the applicants and the fee they m'e charged to go before the Commission. Staff would still ma1ce sure that the signage meets Design Guidelines. Signage for new building construction, or any major sign plml changes, would be considered a major alteration and would still need site plml approval by the Plmming Conl1nission. The text will not change as this is a elm'ification of policy. The memo will go into the guidelines for future staff to refer to. This was shown to the members as informational purposes only. PLANNING & ZONING COMMISSION MINUTES PAGE 23 SEPTEMBER 5, 2007 OTHER BUSINESS Jeff passed out an informational flyer regarding the Comprehensive Plan Update Process. He noted the dates of upcoming meetings and reminded members that the Planning Commission is the authorized body to make decisions on the Comprehensive Plan. He stated that we will be worldng with DSU/Bonestroo Consultants during this process. The Consultants are currently working on an inventory of the housing stock and preparing an analysis of the history, demographics, and transportation needs. They will present this information at the October 29th kick off meeting. The second meeting scheduled for November 15t is a public meeting so that we can get input from throughout the conununity on what vision they have for our city. The goal is to submit the plan by June 2008 so that it can be reviewed before the deadline of December 2008. Sargent also stated the intent is to simplify the contents of the Plan to list the goals and how to implement them. It should be a tool that staff and the Commission can make decisions from. The meeting was adjourned at 9: 1 0 pm. All Ayes. Respectfully submitted, Q ~ (tltNW vV\ Shelley Hanson Secretary