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HomeMy WebLinkAboutMarch 5, 2008 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www.ci.columbia-heights.mn.us MEMBERS: Marlaine Szurek, Chair Donna Schmitt Rob Fiorcndino Mike Pelerson David Thompson PLANNING AND ZONING COMMISSION MEETING ~?:_.:.--- -;-_;,-:'-----"':'--~;.:-;,\,:i-'-?i--.?_._:;;;:--'-,r-,:'c",:;;:::'_" '-, --""':"_ -;,', '; "-'; ----,~'(:-i--,~'_-''; -:.-'-:;~}:',---::-;':t:\- ',i:;,."',:, ',:.:' -',iU'-">.',';',::-; -"C: -',-'-'.' i ,'mI(l.OiPlU.WEDN:1liSD:AY; MARCH 5y 2008 ; . ......... ....__......_._..,_,.....__..,."....,',.__._........,.,..........".__ '..__0..'.......,.,.,'.,.,.,.,.,..--.,,-...........,.,,."..,';....... CITY HALL COUNCIL CHAMBERS 590 40TH AVENUE NE 1. Roll Call 2. Minutes from the Planning and Zoning Commission Meeting of February 6, 2007 3, Pnblic Hearings: Case #2008-0201 Site PlanlVariance 3700-3722 Central Avenue C.R.a,S. Chris Little Case #2008-0203 Zoning Amendment Temporary Signs City Case #2008-0301 Interim Use 4300 Central Avenue Linder's Greenhouse Case #2008-0302 CUP/Site Plan 3939 Central Avenue Frattallone's Ace Hardware Case #2008-0303 Lot Split 3807 Pierce Street Myrna BoUJ'cy 4, New Business 5. Othel' 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 patticipate in planning decisions. . Protect the natural environment and the heritage of the built environment. . Exercise fail', honest, and independent judgment. . Abstain from oatticioation when thev may directly or indirectly benefit from a planning THE CI Y OF cqLuMBIA HEIGHTs'DoES r-:JOT DISCRIMINATE oK/ THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERV CES aeCISlOn. EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING FEBRUARY 6, 2008 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 Sal"gent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Schmitt, seconded by Peterson, to approve the minutes from the meeting of January 2, 2008. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0201 Chl"is Little 3700-3722 Central Ave Site PlanNariance This case is being tabled until the next meeting as there have been delays in fll1alizing some aspects of the proj ect. CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0202 Nancy Percival 508 - 40th Avenue NE Conditional Use Permit for Consignment Store INTRODUCTION Sargent explained that Nancy Percival d/b/a Nancy's Nifty Thrifty Boutique & Gift Shop is requesting a Conditional Use Permit (CUP) to allow a consignment / secondhand store located at 508 - 40tl1 Avenue. Ms. Percival has been operating the business at this location for the past couple of months but did not know that she needed a CUP to run a consigrnnent store. He reported that staff realized that the store sold secondhand goods when an mticle in the StarTi'ibune was published, detailing the business. COMPREHENSIVE PLAN The Comprehensive Plan guides the propelty as a "Connnunity Center District". The Community Center District is a mixed-use district, promoting commercial and retail services at the neighborhood level. A boutique store is consistent with the intent of the City's Comprehensive Plan. ZONING ORDINANCE The property located at 508 - 40th Avenue NE is zoned General Business (GB). The propelties in the immediate vicinity are also zoned GB. The Zoning Code at Section 9.110 (E)(3)(1) allows for a consignment/secondhmld store as a Conditional Use. The Specific Development Standards at Section 9.107 (13) state the criteria in which the consignment store shall be used. Sargent reviewed the standards as follows: PLANNING & ZONING COMMISSION MINUTES PAGE 2 FEBRUARY 6, 2008 a) Consignment/secondhand stores shall be identified as stores whose primaty existence is derived from more thatl 50% used, consigned, or secondhatld merchandise. The use shall be located at least 3,000 feet from all existing consigumentlsecondlmnd stores, currency exchanges and pawnshops. The applicant stated that approximately 80% of the merchandise sold in the store is secondhand or used. Items sold in the business include, but are not limited to: clothing, shoes, handbags, wallets, books, jewelry, candles, vases, lmick-knacks, children's items (toys, puzzles, games, etc), and stuffed animals. The closest existing consignment/secondhand store is the Salvation Army located at 3929 Central Avenue. From property line to property line, the Salvation Army is approximately 3, I95 feet away. The applicant's store meets the definition of a consignment/secondhand store and is located the correct distance fi"om any other consignment/secondhand store in the City. b) The window and door areas of any existing first floor fayade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into atld out of the building at eye level. The applicant has not taken any measures to reduce the window area or visibility into or out of the store at the eye level. The only alteration the applicant has made to the store window is the placement of the business signage, which meets City Code requirements. c) For new constmction, at least 30% of the first floor fayade along a public street or sidewall, shall be windows or doors of cleat" or lightly tinted glass that allows views into atld out of the building at eye level. The building is not new construction. d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. The store currently does not utilize these types of security devices. e) Consignors shall not be paid for merchandise lUltil the merchatldise has been sold to a third pat"ty. 1) An appointment or set hours shall be required for the acceptance of consiglilllent or donated merchatldise. g) All receipt, sorting and processing of goods shall occur within a completely enclosed building. h) The premises, all adjacent streets, sidewallcs atld alleys, and all sidewallcs and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. PLANNING & ZONING COMMISSION MINUTES PAGE 3 FEBRUARY 6, 2008 FINDINGS OF FACT Section 9.104 (II) of the Zorung Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zorung district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. A consignment/secondhand store is specifically listed as a Conditional Use in the GB, General Business District in the City ofColwnbia Heights. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides the property as a "Community Center District". "The Community Center District" is a mixed-use district, promoting commercial and retail services at the neighborhood level. A boutique store is consistent with the intent of the City's Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. The store will hold regular hours of operation consistent with other boutique-type of stores. The store will not have large shipments of goods and is scaled to a neighborhood level type of business. For this reason, the use will not impose disturbing influences on neighboring properties. (d) The use will not substantially dinlinish the use of property in the immediate vicinity. The use of property in the immediate vicinity will remain unchanged as a result of the proposed use of the existing retail space. (e) The use will be designed, constlUcted, operated and maintained in a manner tllat is compatible with the appearance of the existing or intended chaTacter of the surrounding area. The character of the surrounding area is for neighborhood level businesses. A boutique store meets this intended use. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 508 - 40th Avenue meets this criterion. (g) Adequate measures have been or will be taken to mininlize tTaffic congestion on the public streets and to provide for appropriate on-site circulation oftraffic. This retail space has existed for several years. There will be no changes to on-site circulation of traffic or parking with the change of occupant for the tenant space. (h) The use will not canse a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. The consignment store meets the 3, ODD-foot criteria for the closest proximity permitted to another consignment use. (i) The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulations for the GB, General Business District. PLANNING & ZONING COMMISSION MINUTES PAGE 4 FEBRUARY 6, 2008 Staff recommends approval of the proposed CUP for a consigmnent/secondhand store located at 508 - 40th Avenue. Although this store meets the definition of a consigmnent store, the City Code relating to the matter deals more with larger secondhand retail chains. The nature of this business will be nnobtlUsive to the snrrounding area and will be a good fit for the general area. Ouestions fi'om members: Peterson questioned whether an Antique Store would be considered a secondhand store? He wondered because often times similar businesses will locate near each other to draw off each other, and with the 3,000 ft distance requirement, this may not be permitted. Schmitt had the same concerns. She stated that large chain stores are not likely to go in the small business spots located along 40th Avenue. She sees these spaces being filled with small businesses such as Used Book Stores, Antique Stores, Comic Book Stores, and Gift shops such as Nancy's operating from these locations. TIley are nice little businesses for the neighborhood setting. She questions whether we may need to look at the ordinance so that these types of businesses wouldn't be prohibited from locating near each other. She also thought the 3,000 ft distance requirement may be excessive. Sargent said he would have to look at the defmitions in the Ordinance closer, but he believed there is a difference between a secondhand store where items are donated or sold on consigmnent, and the other stores mentioned because they actually pnrchase the items and then re-sell them. Those businesses are considered retail stores. He again reminded members that the language in the Ordinance is directed at the larger secondhand chain stores, and that it was included to prohibit too many secondhand stores being located along Central Ave. He didn't feel there was any reason to make changes to the language at this time since there aren't other businesses requesting a Conditional Use Permit in the area for a similar type business. Public Hearing is opened. No one was present to speak on this matter. Public Hearing is closed. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommends the City Council approve the Conditional Use Permit for a consiglllilent/second hand store located at 508 - 40th Avenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. Consigmnent/secondhand stores shall be identified as stores whose primary existence is derived form more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet fi'01n all existing consigmnent/secondhand stores, currency exchanges and pawnshops. PLANNING & ZONING COMMISSION MINUTES PAGE 5 FEBRUARY 6, 2008 2. The window and door areas of any existing fust floor fayade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. 3. The use of bars, chains or similar security devices that are visible from a public street or 4. Consignors shall not be paid for merchandise until the merchandise has been sold to a third party. 5. An appointment or set hours shall be required for the acceptance of consignment or donated merchandise. 6. All receipt, sorting and processing of good shall occur within a completely enclosed building. 7. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes ofremoving litter found thereon. All ayes. MOTION PASSED. The following Resolution will go to the City Council at the February 11, 2008 meeting. DRAFT RESOLUTION NO. 2008-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR NANCY PERCIVAL WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0202) has been submitted by Nancy Percival to the City Councilreqnesting a conditional use permit fi'om the City of Columbia Heights at the following site: ADDRESS: 508 _40th Avenue. LEGAL DESCRIPTION: On file at City Hall. TI-IE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(1), to allow a consigmnent/secondhand store. WHEREAS, the Planning Commission has held a pnblic hearing as reqnired by the city Zoning Code on Febmary 6, 2008: WIffiREAS, the City Conncil has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, ail', danger offh'e, and risk to public safety in the stu]'ounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofColunlbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Plaruling Connnission: 1. TIle nse is one of the conditional nses listed for the zoning district in which the property is located, or is a snbstantially similar nse as determined by the Zoning Administrator. 2. The nse is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing inflnences on neighboring properties. 4. The nse will not substantially diminish the use of property in the irmnediate vicinity. 5. The nse will be designed, constmcted, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the snrronnding area. 6. The nse and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circnlation oftraffic. 8. The nse will not cause a negative cumulative effect, when considered in conjunction with the cnmulative effect of other nses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. PLANNING & ZONING COMMISSION MINUTES PAGE 6 FEBRUARY 6, 2008 FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become pmt of this pennit and approval; and in granting this pennit the city and the applicant agree that this peJmit shall become null and void if the project has not been completed within one (J) calendar vear after the approval date, subject to petition for renewal of the pennit. CONDITIONS ATTACHED: I. Consigmnentlsecondhand stores shall be identified as stores whose primary existence is derived, form more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing consignment/secondhand stores, cUlTency exchanges and pawnshops. 2. The window and door areas of any existing first floor fa9ade along a public street or sidewall, shall not be rednced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. 3. The use of bars, chains or similar security devices that are visible fi-om a public street or sidewallc shall be prohibited. 4. Consignors shall not be paid for merchandise uutil the merchandise has been sold to a third party. 5. An appointment or set hours shall be required for the acceptance of consignment or donated merchandise. 6. All receipt, SOlting and processing of good shall occur within a completely enclosed building. 7. The premises, all adjacent streets, sidewal\cs and alleys, and all sidewalks and alleys witlrin 100 feet of the use shall be inspected regularly for the purposes of removing litter fonnd thereon. CASE NUMBER: APPLICANT: REQUEST: 2008-0203 City of Columbia Heights Zouing Amendment to the Zoning Code as it relates to Temporary Signage Sargent explained that on May 29, 2007, the City Council adopted Ordinance 1523, being an Ordinance relating to the use of temporary signage. The ordinance accomplished the following: 1. Required a permit for each temporary sign at a price of $20 per permit. 2. Required that no more than four temporary sign permits could be issued per business per calendar year. 3. Required that temporary sign permits may be good for no more than 30 days each. The City Council also established a sunset clause on Ordinance 1523, set to expire on April 29, 2008. This was done to ensure that the ordinance was practical and fair to business owners tln'oughout Columbia Heights. At this tii-ne, staff proposes permanently amending the zoning code regarding temporary signage to better implement the intent of the goals of the Comprehensive Plan and the Design Guidelines adopted for the Central Avenue and 40th Avenue corridors. The zoning code previous to Ordinance 1523 allowed for temporary signage that was not consistent with the intent of the Comprehensive Plan or Design Guidelines for the Central Avenue and 40tl1 Avenue corridors, and that was aestlletically unappealing. Lack of effective regulation regarding temporary signage was found in the following areas: 1. The permitted location of a temporary sign on a building. 2. The number of temporary signs allowed on a building at any given time. 3. The duration in which a temporary balmer may be displayed for. 4. Freestanding porlable signage less thall 8 square feet in area. PLANNING & ZONING COMMISSION MINUTES PAGE 7 FEBRUARY 6, 2008 Since the establislnnent of Ordinance 1523, there has been a snbstantial change in nse of temporary signage throughout the City, resulting in less clutter, higher streetscape appeal and better implementation of policies that are outlined in the Design Guidelines. The proposed Ordinance includes one clarification of Ordinance 1523 which Sal"gent reviewed with the members regarding the number of signs allowed per year, and it would result in a permanent ordinance with no sunset clause. COMPREHENSIVE PLAN Sargent reminded members that the pUl"pose of the Comprehensive Plan is to identify the goals for economic and commercial vitality ofthe city, and the pmpose of the zoning ordinance is to guide private activity toward the achievement of those goals. The implementation of these goals centers on the City's ability to redevelop the commercial and retail sectors and establish a friendly working and living environment for the residents of and visitors to Columbia Heights. A coalition was formed in 2002 to chaft the Design Guidelines required for futUTe development and redevelopment projects along 40th Avenue and Central Avenue. The objective in the Design Guidelines for signage is that "signs should be al"chitecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby bnildings. Signs should be an integral part of building and site design" The Design Guidelines regulat,e such things as the types of signs to be used, the shape of signs, the placement of signs on the building, the colors and materials the signs could incorporate, and the illumination of the signs. The Design Guidelines incorporate these specific criteria in order to enhance the aesthetic appeal of the city. FINDINGS OF FACT The City Council shall make the following foUl" findings before granting approval of a request to amend the City Code. These findings are as follows: a) The amendment is consistent with the comprehensive plan. The proposed amendment would make the current standard for temporary signage more consistent with the intent of the Comprehensive Plan and Design Guidelines. b) The amendment is in the public interest and is not solely for the benefit of a single propelty owner. The Design Guidelines coalition formed in 2002 was partly comprised of citizens and business owners representing the public at large. The proposed amendment would establish standards along Central Avenue, which would better refiect the intent of the Design Guidelines. For this reason, the proposed amendment would be beneficial to the public. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of propelty within the general area of the property in question are compatible with the proposed zoning classification. The zoning classification of land will not change. PLANNING & ZONING COMMISSION MINUTES PAGE 8 FEBRUARY 6, 2008 d) Where the amendment is to change the zoning classification of a particular propelty, 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 cmrent zoning classification. The zoning classification of land will not change. City Staff reconnnends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. Ouestions fi'om members: Szmek stated that the tempormy tax business at 4110 Central Avenue has several "stick in the ground" signs along Central Ave, and wondered if they me allowed. Sargent stated that they are not allowed and that he will check on this. He explained he goes out once or twice a week to check for compliance, but that some signs are bound to be missed. Fiorendino questioned the $9.00 haircut sign at 49th and Central. He thought there was some language in the Ordinance that required the appemance to be professional, and he didn't feel this one is. Sargent said that the sign is considered a sandwich bomd sign, it is not stuck in the ground, and if it is 5 feet fi'om the property line, it would be allowed. Szmek asked whether he was enforcing the 25% maximum window coverage of additional colorful adveltising. She was especially concemed with Car X and Midas. Sargent said he is enforcing it and that he will check on it. If the bay doors with the windows are open when he goes by, he could be missing the fact they me exceeding the allowable percentage. Sclunitt asked if this Ordinance only covers Central Ave and 40th Avenue. Sargent said no, it is for signage throughout the city. He said he tends to be pro-active along Central Avenue and 40tl1 Avenue, but checks on other areas on a complaint basis. Thompson thought more than four signs should be allowed per year. He wants to see the city support local businesses. Sm-gent said the City Council could revise this number if they choose, but that we must be careful, as allowing too many would then make the temporary signs more permanent. Fiorendino agreed there needs to be a balance, but wants to keep the inlproved appearance he has noticed. Public Hearing ooened. JeffBahe from 3701 Central Ave was present. He stated that he had been involved in this process and he considers himself a representative of the business owners in the conununity. He felt the city needs to do a better job of notifying business owners of changes that may affect them. Bahe reminded members that many owners do not live in the conununity, and therefore do not see published notices in the local newspaper. He expressed his opinion that more signage is needed. He cited that his business is down 15- 18%, that he doesn't receive the same amount of walk-ins he used to, and that other, more direct PLANNING & ZONING COMMISSION MINUTES PAGE 9 FEBRUARY 6, 2008 advertising is too costly. He said there are a few other businesses in town he has talked to that are also experiencing a slow down in business. He acknowledged that he didn't know if it is due to the overall state of tlle economy, service related, or lack of sigtlage. It was his opinion that more businesses are leaving Columbia Heights than are coming in and that we need the businesses to keep Columbia Heights attractive to residents. Sclmutt asked Bahe what he would recon111lend, or what he thought the appropriate nmnber of temporary signs per year should be. He didn't have an immediate answer to this. Fiorendino asked about the timelines we are working under and the process of passing this Ordinance. Sargent explained the Ordinance must have a first and second reading before the City Council and then iliere is a 30-day waiting period before it becomes effective. This needs to be completed before April 29tl1 or it will revert back to the old Ordinance. The other option would be to extend the sunset clause on Ord. 1523. Szurek noted that if this goes before the City Council as is, that business owners could attend either of the two City Council meetings to voice their opinions on revising the ordinance. She personally felt that a lot of time had ah'eady been spent on this and that it was a good balance of allowing temporary signs, and yet, keeping the avenue more aesthetically appealing. Gary Peterson thinks that maybe businesses should be notified of the public hearing and that Planning & Zoning is the appropriate body to review this before malcing ilieir reco11ll11endation to the City Council. He said this could be tabled for one more month to allow more feedback before malcing their fmal recon111lendation to the Council. The Council originally put the sunset clause on Ordinance 1523 so that it could be re-visited to make sure it is accomplishing what we hoped, or to make any revisions before making it permanent. Tho111pson said this should be re-visited at the March meeting. He didn't feel it was necessary to notify business owners, but that Mr. Balle could contact tllem and have them submit their input by the March meeting so the coml1ussion could mal<e its final recOl11111endation to the C011llcil. Sargent said he has had contact with several businesses throughout the conmmnity and he has not received any negative comments from any of them. He further stated that most businesses, including Mr. Balle's and some of the others he mentioned, have not applied for any temporary sign permits to date, therefore, he didn't understand why the n11lnber needs to be increased. Fiorendino requested that data be presented that proves business is down because of the sigtl ordinance and not just the state of the economy. Otherwise, he is satisfied with the proposed Ordinance and that he believes it has improved the look of Central Avenue inunensely. Schmitt asked for clarification of the number of s1li1dwich boards that are allowed per business, which Sargent answered. Public Hearing closed. PLANNING & ZONING COMMISSION MINUTES PAGE 10 FEBRUARY 6, 2008 Motion by Thompson, seconded by Peterson, to table this issue till the March meeting to grant business owners time to present documentation that this Ordinance has had a negative impact on their business and to submit a plan of what revisions they reconnnend prior to the next meeting. All ayes. MOTION PASSED. Sargent said he will amend his staff repOli and include any information he receives regarding this in the March agenda packets. CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0204 City of Columbia Heights City Wide Zoning Amendment for Rezoning of Parcels INTRODUCTION At this time, City Staff is requesting a zoning amendment to create a new zoning district. The new zoning district would be titled "Public Space", and would include all land available for public use. Such uses would include: all municipal, county, and regional parks, City Hall, MUl'zyn Hall, Jackson Pond, Public Works and the library. Currently, tlle City parks are established as overlay areas throughout the City, meaning that there is an underlying zoning district for each park, be it residential, connnercial or industrial. There is no consistent zoning district for each park throughout the City, making it difficult to establish continuity throughout the park system. Staff recommends creating a new zoning district so that each public parcel has the same set of standards for its use, setbacks, parking requirements and perfOlmance standards. COMPREHENSIVE PLAN The Comprehensive Plan cm-rently guides all the parks and MUl'zyn Hall for "Park" use. City Hall is guided for "Community Center District", the public works building is guided for "Industrial" and the library is guided for "Con1111ercial". The Met Council has given their pre-approval and as we are so close to our 2008 Comprehensive Plan Update, these changes will be amended at that time. ZONING ORDINANCE The following is a list of all the parks in the City and their current zoning classification. Also listed are City Hall, MUl'zyn Hall, the public works building, Jackson Pond, and the librm'y: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Albert A. Kordial( Park Cmi Rmnsdell Pm'k Edgemoor Pm'k Gateway Park Gauvitte Park Hilltop Park Huset Park Keyes Park Labelle Pm'k Lomianki Park McKenna Park Ostrmlder Park R-l, Single Family Residential District R-l, Single Fmllily Residential District R-2A, One and Two Fmnily Residential District R-2A, One mld Two Fmnily Residential District R-2A, One and Two Family Residential District R-2A, One and Two Family Residential District I-I, Industrial District R-l, Single Fmnily Residential District R-4, Multiple Family Residential District. I-I, Industrial District R-l, Single Family Residential District R-2A, One and Two Family Residential District PLANNING & ZONING COMMISSION MINUTES PAGE 11 FEBRUARY 6, 2008 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Prestemon Park Silver Lake Beach Silver Lake Pal'k Sullivan Lake Park Wargo Court City Hall Jackson Pond Library Mmzyn Hall Public Works R-1, Single Family Residential Dish'ict R-1, Single Family Residential District R-1, Single Family Residential District R-3, Multiple Family Residential District CBD, Central Business District R-3, Multiple Family Residential Dish'ict R-2A, One and Two Family Residential Dish'ict LB, Limited Business District I-I, Indush'ial District I-I, Industrial District As stated previously, the creation of the Public Dish'ict would place all of the above-listed into one zoning classification. The proposed district would also list all permitted, accessory and conditional uses allowed within. The total amount of land to be rezoned is approximately 164 acres. FINDINGS OF FACT Section 9.1 04 (F) of the Columbia Heights zoning code requires that the City Council malce each of the following four fmdings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides all the parks and Murzyn Hallfor "Park" use. City Hall is guided for "Community Center District", the public works building is guidedfor "Industrial" and the library is guidedfor "Commercial". The Comprehensive Plan guidance for City Hall, the public works building and the library will be amended during the 2008 Comprehensive Plan Update. 2. The amendment is in the public interest and is not solely for the benefit of a single propelty owner. The City of Columbia Heights owns all the parcels that would be affected by this proposed zoning amendment. The creation of a new zoning district would make the uses of these properties more consistent with each another in terms of setbacks, parking requirements and performance standards. 3. Where the amendment is to change the zoning classification of a pmticular property, the existing use of the property and the zoning classification of property within the general area of the property in question m'e compatible with the proposed zoning classification. The proposed zoning amendment will create a new zoning district in which all the existing uses of the property to be rezoned will be compatible. 4. Where the amendment is to change the zoning classification of a pmticular propelty, there has been a change in the character or h'end of development in the general area of the propelty in question, which has taken place since such property was placed in the current zoning classification. The purpose of the zoning amendment is to create a zoning district for all the public uses throughout the City. Doing so would make the uses, setbacks and performance standards for the parks and other public uses consistent with one another. PLANNING & ZONING COMMISSION MINUTES PAGE 12 FEBRUARY 6, 2008 Staff recommends the Plamling COlllinission recommend the City Council approve the creation of the "Public District" as outlined in the attached draft Ordinance. Ouestions from members: Schmitt was confused why single-family homes or manufactured homes would be a permitted use in this district. Sargent explained that sometimes properties are obtained for Public Use, but are not used as such for a period of time while waiting for redevelopment or other various reasons, and by omitting this as a permitted use may make the properties non-conforming. He used an example of two houses that are cunently within the overlay of Edgemoor Park. He also stated this is consistent with the language used by other cities. Peterson asked if it would make it easier for the Parks and Traffic Commissions to operate, and Sargent stated yes, that is one of the reasons it is being done. Gary Peterson thought the strip of land on the East side of Hart Lake and the NEI property on 41 st Avenue should also be included. He is concerned that it would slow up the process for developing the NEI site if we wait to re-zone it at a later time. Sargent agreed and said he will check with Kevin Hansen prior to it going to the City Council. He stated that they had considered adding the school propClty and the Liquor Stores in tins district, but decided against it. Ifthe schools were added, we would need to notify them as an involved party. And the Liquor Stores were omitted as they could potentially be resold as a retail establishment in the future. Mike Peterson wanted to know what percentage of each zoning district we have in our city and how we compare to other cities. Sargent told him the online version has a legend showing that information. Public Hearing oDened. There was no ftnther discussion on tins matter. Public Hearing closed, Motion by Fiorendino, seconded by Peterson, that the Planning Commission recommends the City Council approve the creation of the "Public District", which would include all municipal, county, and regional parks, City Hall, Murzyn Hall, Jackson Pond, Public Works, and the library, as depicted on the attached zoning map, and to consider including the sites at 37''' and Hart Blvd and the NEI site on 41" Avenue in this district. All ayes. MOTiON PASSED. ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE PUBLIC AND OPEN SPACE ZONING DlSTillCT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article 1 ofthe Columbia Heights City Code, is proposed to include the following additions. ~9.114 PUBLIC AND OPEN SPACE DlSTRICT (A) Purpose. The "P" Public aud Opeu Space District is intended to provide a district which will allow areas of the City to be retained and ntilized for low density residential, nou-Iocal jurisdiction pnblic uses, open space, and provide a "holding" zone for future development to ensure that development will be staged to maintain reasonahle economy iu public expenditures for public utilities and services. PLANNING & ZONING COMMISSION MINUTES PAGE 13 FEBRUARY 6, 2008 (B) General provisions. (I) Compliance wi/It applicable regulations. Any use established in a public district after the effective date ofthis article shall comply with all applicable local, state and federal standards for such uses. (2) Administration. The administration and euforcement of this article shall be in accordance with the provisions of ~9.I04, Administration and Enforcement. (3) Nonconformilies. Nonconforming uses; structures, lots and signs within a public district shall be subject to the provisions of ~9.105, Nonconformities. (4) Compliance wi/It general development standards. Any use established, expanded or modified in a public district after thc effective date of this article shall comply with the applicable provisions of ~9.I06, General Provisions. (5) Compliance wi/It specific development stanrIards. Any use established, expanded or modified in a public district after the effective date of this articlc that is identified in ~9.I07, Specific Development Standards, shall comply with the applicable provisions of that article. (6) Proltibited uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determincd by the Zoning Administrator to be substantially similar to a use listed as permittcd, conditional or accessory shall be prohibited in that district. (C) Lot dimension, Iteigltt, and bulk requirements. Lot area, sctbacl<, height and lot coverage rcquirements for uses in the ublic district shall be as s ecified iu the followio table: Public and 0 en S ace Minimum Lot Area Single Family Dwelling All Other Uses MinimUlll Lot Width 8,400 sq. ft. None Single Familv Dwelling 60 reet All Other Uses None Residential Building Setbacks Front Yard 25 reet Side Yard 5 reet Comer Side Yard 10 reet Rear Yard 20% oflot depili Non-residential Bnilding Setbacks Front Yard 25 reet Side Yard 5 reet Corner Side Yard 10 reet Rear Yard 20% oflot depili Single Family Parking Setbacks Front Yard (Exclnding drives/pads) 25 reet Side Yard 3 reet Comer Side Yard 3 reet Real' Yard 3 reet Non-residential Parking Setbacks Front Yard 5 reet Side Yard 3 reet Corner Side Yard 3 reet Rear Yard. 3 reet Maximum Height Residential structures 28 rcet Non-residential structures None Non-residential Floor Area Ratio I PLANNING & ZONING COMMISSION MINUTES PAGE 14 FEBRUARY 6, 2008 (D) Pubic and Open Space District. (1) Perlllitted Uses. Except as specificaJly limited hcrein, the foJlowing uses are permitted within the P, Public and Open Space District: (a) County, Regioual and City pari,s. (b) Playgrounds, athletic fields, recreational areas, and parking areas. (c) Cemeteries. (d) Publicly owned and operated facilities. (e) Single-family dwellings, including manufactured homes. (f) Essential services. (2) Conditional Uses. Except as specifically limited herein, the foJlowing uses may be aJlowed in the P, Public and Open Spaces District, subject to regulations set forth for conditional uses in ~9.104, Administration and Enforcement, and the regulations for specific uses set forth iu ~9.107, Specific Dcvelopment Standards: (a) Public or scmi-public recreational buildings and neighborhoods 01' community centers. (b) Non-city govel'l1mental and public regulated utility buildings and stmctures necessary for the health, safety and general welfarc of the community. (3) Permitted accessory uses. Except as specifically limited herein, the following accessory nses may be allowed in the P, Public and Open Space District: (a) Operation and storage of such vehicles, equipment and machinery, which are incidental to the permitted 01' conditional uses allowed in this district. (b) The renting of rooms by a resident family for lodging purposes only and for the accommodation of not more than two (2) persons in a single-family dwelling. (c) Living quarters for persons employed on the premises. (d) Home occupations. (e) Recreational vehicles and equipment. (1) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. (g) Tool houses, sheds and similar buildings for storage of domestic supplies and noncommercial recreational equipment (h) Private garages, parldng spaces and carports for licensed and operablc passenger cars and trucks. Chapter 9, Article I, Section 9.104 (J)(6)(h) of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~9.104 ADMINSTRATION AND ENFORCEMENT (J) Minor subdivisions (lot splits) (6) Required findings. The City Council shaJl make each of the following fmdings before approving a minor subdivision: (h) The proposed subdivision meets all ofthe design standards specified in the ~-l4 ~9.115. Chapter 9, Article I, Section 9.104 (K)(6)(a) oflbe Columbia Heights City Code, is proposed to include the following additions and deletions: ~9.104 ADMINSTRATION AND ENFORCEMENT (K) Preliminmy plats. (6) Requiredfindings. The City Council shall make each of the following findings before approving a preliminary plat: (a) The proposed preliminary plat conforms to the requirements of ~9.+14 ~9.115. PLANNING & ZONING COMMISSION MINUTES PAGE 15 FEBRUARY 6, 2008 Chapter 9, Article I, Section 9.104 (L)(6)(b) of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~9.I04 ADMINSTRATION AND ENFORCEMENT (L) Final plats (6) Required findings. The City Council shall make each of the following findings before approving a final plat: (b) The fmal plat conforms to the requirements of~ ~9.115. Chapter 9, Article I, Section 9.114 of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~ ~9.I15 SUBDIVISION REGULATIONS Chapter 9, Article I, Section 9.114 (C)(3)(b)(4) of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~9.I14 SUBDIVISION REGULATIONS (C) Plats and data. (3) Final plat. The final plat shall be on sheets 20 inches wide by 30 inches long and shall be at a scale of 100 feet equals I inch or such other standard scale as approved by the City Engineer and in all other respects shall comply with Minnesota Statutes. Where necessary, plat or fmal plat may be on several sheets accompanied by a key map showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the City CounciL (b) Additional plans to be submitted with the final plat include the following: 4. Final Street plans for requirements established in ~1-M-~9.115 (D). Section 2: This ordinance shall be infidlforce and effectfl'om and afier 30 days afier its passage. NEW BUSINESS Sargent told members he had met with a group at the High School and that they had been a good source of information. He is trying to schedule a meeting with the Seniors Group for their input. The feedback he has received will be brought to a work session with the City Council and the Plmming & Zoning Commission tentatively scheduled for 6 p.m. on Monday, February 25th prior to the City Council meeting. If this date does not work, it will be rescheduled for early March. OTHER BUSINESS Szurek asked about the project on 3 ih and Central. Sargent explained this was the case tabled at the beginning of the meeting and that it should be on the March agenda. The meeting was adjourned at 8:30p.m. Respectfully submitted, Shelley Hanson CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0203 DATE: March 5, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Temporary Signage PREPARED BY: Jeff Sargent, City Planner BACKGROUND On May 29, 2007, the City Council adopted Ordinance 1523, being an Ordinance relating to the use of temporary signage. The ordinance accomplished the following: 1. Required a permit for each temporary sign at a price of $20 per permit. 2. Required that no more than four temporary sign permits could be issued per business per calendar year. 3. Required that temporary sign permits may be good for no more than 30 days each. The City Council also established a sunset clause on Ordinance 1523, set to expire on April 29, 2008. This was done to ensure that the ordinance was practical and fair to business owners throughout Columbia Heights. On February 6, 2008, staff presented a recommendation to the Planning Commission to permanently amend the zoning code. The discussion was tabled to the March 5, 2008 meeting in order for the business owners more time to present information to the Planning Commission. At this time, staff again proposes to permanently amend the zoning code regarding temporary signage to better implement the intent of the goals of the Comprehensive Plan and the Design Guidelines adopted for the Central Avenue and 40th Avenue corridors. A temporary sign is defined in the City Code as "A sign, banner, pennant, valance, or advertising device intended to be displayed for a limited period of time, whether portable or attached to the principal structure". The zoning code previous to Ordinance 1523 City of Columbia Heights Planning Commission Text Amendment, Temporary Signage March 5, 2008 Case # 2008-0203 allowed for temporary signage that was not consistent with the intent of the Comprehensive Plan or Design Guidelines for the Central Avenue and 40th Avenue corridors. The previous code allowed for clutter that was aesthetically unappealing and did not implement the policies outlined in Design Guidelines. Since the establishment of Ordinance 1523, there has been a substantial change in use of temporary signage throughout the City, resulting in less clutter, higher streetscape appeal and better implementation of policies that are outlined in the Design Guidelines. Lack of effective regulation regarding temporary signage was found in the following areas: 1. The permitted location of a temporary sign on a building. 2. The number of temporary signs allowed on a building at any given time. 3. The duration in which a temporary banner may be displayed for. 4. Freestanding portable signage less than 8 square feet in area. LOCATION. Previous to Ordinance 1523, the Sign Code allowed temporary signs to be placed anywhere on the building. The code allowed for signs to hang from canopies, roofs, posts, and the like. (Figure 1, and Figure 2). FIGURE 1 FIGURE 2 Appropriate language was be added to the ordinance limiting the placement of a temporary sign to ensure direct and full contact with the wall to which it is affixed. This placement is preferred, as it would promote a better aesthetic appeal. Temporary signs can no longer be strung above bay doors or hung from a canopy. A specific intent of the Design Guidelines is to focus on enhancing the building's architectural features, and regulating the placement of the signage achieved this. For this reason, Ordinance 1523 has been a success. NUMBER. The previous Sign Code allowed any number of temporary signs to be placed on the building at any given time, and restricted each sign to no more than 60 Page 2 City of Columbia Heights Planning Commission Text Amendment, Temporary Signage square feet in size. (Figure 3 and Figure 4). FIGURE 3 March 5, 2008 Case # 2008-0203 Allowing any number of temporary signs on a building increased the amount of clutter on the building and decreased its aesthetic value. In relation the businesses along Central and 40th Avenues, it was counterintuitive to mandate strict architectural design guidelines for a building, only to allow businesses to place as many temporary signs on the building as they pleased. Ordinance 1523 added language to the ordinance restricting the number of temporary signs a business would be able to display at any given time to two. This was more. consistent with the Design Guidelines as it allowed a better promotion of the architectural detailing of each building. DURATION. The previous Sign Code not only allowed for any number of temporary signs to be placed on a building, it also allowed for the temporary signs to be in place for an indefinite amount of time. The intent of temporary signs is for promotional purposes, not for permanent advertising. However, with no time duration established for temporary sign display, businesses could legally display temporary signs for any amount of time. (Figure 5 and Figure 6) Page 3 City of Columbia Heights Planning Commission Text Amendment, Temporary Slgnage FIGURE 5 March 5, 2008 Case # 2008-0203 FIGURE 6 Ordinance 1523 added language to the Sign Code restricting the amount of time a temporary sign could be in place for to 30 days, as well as restricting the total number of temporary signs a business could display in a calendar year to four. This has dramatically reduced the clutter on commercial buildings throughout the City, which in turn has made the buildings more consistent with the Design Guidelines. FIGURE 7 PORTABLE SIGNS. The previous Sign Code allowed for any number of freestanding temporary signs, as long as they did not exceed 8 square feet in size. The Sign Code did not regulate where the signs may be located, the materials the signs could be made of, the professionalism of the sign, or how long the sign may be erected. (Figure 9 and Figure 10). Page 4 City of Columbia Heights Planning Commission Text Amendment, Temporary Signage March 5, 2008 Case # 2008-0203 FIGURE 10 Ordinance 1523 added language to the Sign Code limiting the number of freestanding portable signs to one per business, as well as the placement of such signs on the property to no closer than five feet from the front property line. Doing so has dramatically reduced clutter associated with the placement of numerous signs along Central Avenue and has increased the aesthetic value of Columbia Height's commercial corridors. Ordinance 1523 has also defined a sandwich board sign and has eliminated the ability for businesses to utilize stick-in-the-ground signs. Staff feels that eliminating "stick-in- the-ground" signs has been beneficial, as these types of signs tend to get knocked down, pulled out of the ground, or blown over. (Figure 11 and Figure 12) FIGURE 11 FIGURE 12 Without effective regulation to establish minimum standards to guide the use of temporary signage, 40th Avenue and particularly Central Avenue was having a shoddy, cluttered and unkempt appearance. Since the establishment of Ordinance 1523, the appearance of Central Avenue and 40th Avenue has dramatically increased. The proposed amendments do not take away the ability for a business owner to utilize Page 5 City of Columbia Heights Planning Commission Text Amendment, Temporary Signage March 5, 2008 Case # 2008-0203 temporary signage; rather it mandates a set of minimum standards to display a temporary sign, in the same manner as displaying permanent sign age. The proposed Ordinance is exactly the same as Ordinance 1523, however would be a permanent ordinance with no sunset clause. COMPREHENSIVE PLAN Discussion of regulations begins with identifying the community's goals for aesthetics and image found in the Comprehensive Plan. The Comprehensive Plan identifies the goals; the purpose of the zoning ordinance is to guide private activity toward the achievement of those goals. The City's Comprehensive Plan indicates several goals for the economic and commercial vitality of the city. Some of these goals include: 1. Establishing and maintaining a strong sense of community. 2. Strengthening the image of the community as a desirable place to live and work. 3. Enhancing the physical appearance of the community. 4. Improving the image of commercial areas as friendly and safe environments for residents and visitors. The implementation of these goals centers on the City's ability to redevelop the commercial and retail sectors and establish a friendly working and living environment for the residents of and visitors to Columbia Heights. A coalition was formed in 2002 to draft the Design Guidelines required for future development and redevelopment projects along 40th Avenue and Central Avenue. The Design Guidelines establish a set of minimum standards for developers and the City to follow when constructing new buildings or building additions to existing ones. The intent of the Design Guidelines is to establish a basis for implementing the goals outlined in the Comprehensive plan. The proposed zoning amendments facilitate the ability to carry this intent forward. The objective in the Design Guidelines for signage is that "signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part of building and site design" The Design Guidelines regulate such things as the types of signs to be used, the shape of signs, the placement of signs on the building, the colors and materials the signs could incorporate, and the illumination of the signs. The Design Guidelines incorporate these specific criteria in order to enhance the aesthetic appeal of the city. Page 6 City of Columbia Heights Planning Commission Text Amendment, Temporary Signage March 5, 2008 Case # 2008-0203 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 make the current standard for temporary signage more consistent with the intent of the Comprehensive Plan and Design Guidelines. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The Design Guidelines coalition formed in 2002 was partly comprised of citizens and business owners representing the public at large. The proposed amendment would establish standards along Central Avenue, which would better reflect the intent of the Design Guidelines. For this reason, the proposed amendment would be beneficial to the public. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The zoning classification of land will not change. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The zoning classification of land will not change. RECOMMENDATION: City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments . Draft Ordinance Page 7 DRAFT ORDINANCE NO. 1536 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE USE OF TEMPORARY SIGNAGE IN THE BUSINESS DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS 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. SIGN, SANDWICH BOARD. A freestanding "A" fmme sign, not requiring staking to the ground, placed near the entrance of a retail store to direct pedestrians to that business. Chapter 9, Article I, Section 9.106 (P) of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regulations. (6) Prohibited Signs. Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the conununity's unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign mounted or supported on a balcony. (b) Any sign that obstructs and part of a doorway or fire escape. (c) Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs free and clear vision, or interrupts, confuses or misleads traffic. (d) A private sign containing words or symbols, which might reasonably be construed as traffic controls. (e) An animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating podion thereof. (f) A flashing sign, including indoor flashing, electrical signs visible from the public right-of-way, other than time and temperature signs limited to such time and temperature information. (g) A sign or graphics painted directly on any exterior surface of a building or stlUcture. However, sign letters and symbols may be attached directly to an exterior surface by adhesive or mechanical means. (h) Any roof sign, unless attached to mansard roof or similar decorative style roofthat is vertical in nature. (i) A projecting sign which either extends more than 18 inches fi'om the building or structure to which it is attached, or which is larger thml three feet in vertical height, other than canopy or marquee sIgns. (j) Any sign that does not display the name of the manufacturer or maker permanently attached to, or painted or printed on, the exterior or structural snppOlis of the sign. (k) Any sign that is erected, placed or maintained by any person on a rock, fence or trees. (I) Any sign that interferes with any electric light, or power, telephone, telecommunications, or telegraph wires, or the supports thereof. (m) Any sign containing electrical wiring which does not conform to the Electrical Code or the components thereof do not bear label of an approved testing agency. (n) Any window sign or signs which exceed 25% of the total area of the window on or in which it is displayed. (0) All pOliable signage cxcecding oight square fcet, excluding sandwich board signs. (P) Temporary signage stuck into the ground, excluding political signs regulated per state statute, professional real estate sigus, garage sales signs, and any signs listed in Section 9.106 (P)(5). (7) Temporary Signs, The following standards shall apply to temporary signs in all zoning districts: (a) Each tempomry sign, with the exception of sandwich board signs, shall require a sign permit from the City of Columbia Heights. (b) No more than four (4) tempomry sign permits may be issued per business per calendar year. (c) No more than two (2) temporary signs shall be displayed per business at any given time. When two temporary signs are display cd, each sign shall require a permit and each sign will count towards the allotment of temporary signage permitted per business per calendar year. If the business is located within a shoppiug center, no more than four (4) temporary signs may be displayed thl'oughout the shopping center at any given time. W( d) Any sign not considered permanent shall be considered temporary, (e) Temporary signage may not be used as permanent wall signage for the busiuess. W(f) Temporary bmmers signs or pelmants shall not exceed 3 feet by 20 feot in sire;- 32 square feet in area for businesses located in the CBD, Central Business District, and shall not exceed 48 square feet in area throughout the remaiuder of the City and shall be directly and fully attached to the wall of the building. (g) Each temporary sign shall be limited to a 30-day display period per permit. W(h) No temporary signs shall extend over or into any street, alley, sidewalk or other public thoroughfare a diatmlce greater than 10 inches from the '.vall upon which it is erected, shall nct be placed or project cver any wall, and may not cover more than 25% of window area such that 75% of the total window area is kept clear at all times. W(i) No temporary sign shall be erected so as to prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or fire escape. (ej(j) Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. (k) Sandwich Board Signs. (1) Permitted in the LB, Limited Business, GB, General Business, and CBD, Central Business District only. (2) One (1) sandwich board sign is permitted per business. (3) Sandwich board signs arc limited to eight (8) square feet in area per side. (4) Sandwich board signs are limited to five (5) feet in height. (5) The sign shall be professionally painted and maintained in a neat and readable mannel". (6) Signs shall be placed on private pI'opcrty only, and shall be setback at least five (5) feet from all property lines. (7) Signs shall not obstruct vehicular or pedestrian traffic or visibility and shall not create a safety hazard. (8) Signs shall not be lighted and shall not utilize noise amplifiers. (9) In the CBD, Central Business District only, sandwich board signs may be placed on public sidewalks, directly in fl'ont of the business being advel.tised. 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: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0301 DATE: March 5, 2008 TO: Columbia Heights Planning Commission APPLICANT: Linder's Greenhouses, Inc. LOCATION: 4300 Central Avenue, Rainbow Parking Lot REQUEST: Interim Use Permit for Seasonal Sales PREPARED BY: Jeff Sargent, City Planner INTRODUCTION Linder's Greenhouse has applied for an Interim Use Permit to allow the operation of a seasonal mini-garden center for flowering plants and retail sales. The City of Columbia Heights has recently amended the ordinance regarding outdoor seasonal sales in all zoning districts, and now requires an Interim Use Permit rather than a Conditional Use Permit. The specific development standards for an outdoor sales/display establishment are found at Section 9.107 (C)(28), and will be added as conditions of approval for this permit. This will be the Linder's 19th year operating a temporary greenhouse at this location in Columbia Heights. The attached site plan illustrates the configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as previous years with four, six-foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. The two structures and patio will displace approximately 30 parking spaces and a drive aisle. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. City of Columbia Heights Planning Commission Linder's Greenhouse - Interim Use Permit March 5, 2008 Case # 2008-0301 ZONING ORDINANCE The zoning classification for this property located at 4300 Central Avenue is GB, General Business District. Retail uses are allowed in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the' Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 144,900-square foot commercial building is required to have 483 parking spaces. After using the 30 parking spaces for the greenhouses, the site still has 598 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. Please note that the Fire Department has reviewed the proposal and has no concerns regarding it. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. Outdoor sales/display establishments are an Interim Use in the GB, General Business District, and are considered retail sales, which are permitted. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides the subject property for commercial use. Outdoor sales/display uses are allowed as conditional uses in all residential districts. 3. The use will not impose hazards or disturbing influences on neighboring properties. The closest residential property to the south is over 300 feet from the proposed temporary use. In addition, the amount of space dedicated for the greenhouse sales is relatively small at approximately 1,000 square feet. Therefore, the proposed temporary use should not have any detrimental impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. The garden center as proposed will have no impact on the use of adjacent properties. Page 2 City of Coiumbia Heights Planning Commission Linder's Greenhouse - Interim Use Permit March 5, 2008 Case # 2008-0301 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Under's has been in operation for 18 years at this location, with the City experiencing no complaints. The proposed garden center should not negatively impact the existing character of the vicinity. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are zoned for residential and commercial uses. RECOMMENDATION Staff recommends that the Planning Commission approve the Interim Use Permit for seasonal agricultural sales subject to conditions of approval outlined below. Motion: The Planning Commission approves the Interim Use Permit for seasonal agricultural sales at 4300 Central Avenue NE from April 15 through July 15, 2008, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. Outdoor agricultural/produce sales located within the public right-of-way are prohibited. 2. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 3. Music or amplified sounds shall not be audible from adjacent residential properties. 4. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32) square feet per sign. Page 3 City of Columbia Heights Planning Commission Linder's Greenhouse - Interim Use Permit March 5, 2008 Case # 2008-0301 5. The outdoor storage shall be located as indicated on the site plan. 6. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 7. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. ATTACHMENTS . Location Map . Draft Resolution . Letter from Linders . Agreement with Heritage Real Estate . Site Plan . Elevations Page 4 RESOLUTION NO. 2008-I'Z02 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT FOR LINDER'S GREENHOUSES, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0301) has been submitted by Linder's Greenhouses to the Plam1ing and Zoning Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for outdoor seasonal sales from April 15, 2008 to July 15,2008. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 5, 2008; 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, tTaffic, property values, light, ail', danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission ofthe City of Columbia Heights after reviewing the proposal, that the Plmming and Zoning Commission accepts and adopts the following findings: 1. The use is one of the interim uses listed for the zoning district in which the property is located, 01' is a substantially similar use, as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards 01' disturbing influences on neighboring properties. 4. The use will not substm1tially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a mamler that is compatible with the appearance of the existing or intended character of the surrounding area. 6. Adequate measures have been or will be taken to minimize traffic congestion on the pubic streets and to provide for appropriate on-site circulation of traffic. Resolution No. 2008-PZ02 Page 2 7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become pmi of this permit and approval; and in granting tlus 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 pennit. CONDITIONS ATTACHED: I. Outdoor agricultural/produce sales located within the public right-of-way are prohibited. 2. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 3. Music or alllplified sounds shall not be audible from adjacent residential properties. 4. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32) square feet per sign. 5. The outdoor storage shall be located as indicated on the site plan. 6. A $500 deposit shall be submitted to the Connnunity Development Department prior to installation of the sttUctures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 7. The proposed fence must be 20 feet from the retaining wall for safety velucular access. Passed this 5th day of Mm'ch 2008, Offered by: Seconded by: Roll Call: Ayes: Nays: CHAIR Marlaine Szurek Resolution No. 2008-PZ02 Page 3 Attest: SECRETARY, 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 ofthis resolution as outlined above. Ciao Cella Date 4300 Central Avenue 4518 4526 4529 4522 4526 4525 4516 4511 4521 4518 4520 4519 4514 - 4517 4514 4512 4510 4511 4515 ~ 4508 '" '" 4509 '" ~ ~ 4504 .. .. '" - '" 1025 '" .. ~ ~ L-- 4456 n~ -~ 4455 4454 4456 4455 4455 4452 f-- 4457 ro t: ro .. N .. <D N '" t ro N '" '" ~ N f-- f-- (f) ~ .. 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II N ~ '" ;; "5 f/l t: ~ ~~ ~..:;: ~.~ ~~ ~ .S: ~ ...."" ~ ~~ ~ ~ s;::U ...... ~ CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0302 DATE: March 5, 2008 TO: Columbia Heights Planning Commission APPLICANT: Frattallone's Ace Hardware LOCATION: 3939 Central Avenue REQUEST: Conditional Use Permit Outdoor Sales, Site Plan Approval PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Tom Frattallone d/b/a Frattallone's Ace Hardware is requesting a Site Plan approval for the construction of a new 14,500 square foot hardware store located at 3939 Central Avenue. The applicant is also requesting a Conditional Use Permit (CUP) to allow for a 5,500 square foot garden center attached to the back of the building. The garden center requires a CUP because it is considered an outdoor sales area. 3939 Central Avenue is the old Burger King site that the City bought for future redevelopment. A Phase I and II environmental study was conducted on the property to determine the extent of the contaminated soils in the land. Results of the study indicated that the property sits on a residential construction waste dump, and would require soil corrections in order for the land to be developed. Through extensive work with ProSource (an environmental consultant firm), as well as the Minnesota Pollution Control Agency (MPCA), it was determined that a bio-composite barrier could be placed over the entire property to essentially cap the waste material and provide an acceptable barrier between the waste material and the new construction on the site. This has proven to be the most cost-friendly method of construction, as hauling the waste material from the property would make the project cost prohibitive. Mr. Frattallone is a current business owner in the City of Columbia Heights, with a store located at 2261 - 3yth Avenue NE. He has chosen to relocate to 3939 Central Avenue in order to be closer to the downtown business core, to stay in the City of Columbia Heights, and to have the opportunity of owning the building in which he conducts his business. City of Columbia Heights Planning Commission Frattallone's CUP, Site Plan Approval March 5, 2008 Case # 2008-0302 COMPREHENSIVE PLAN The Comprehensive Plan designates the property as commercial use. The proposal is consistent with the intent of the City's Comprehensive Plan to promote business and enhance the city's economic vitality through redevelopment efforts. ZONING ORDINANCE The property located at 3939 Central Avenue NE is zoned CBD, Central Business District, as are the properties to the north, west and south. The property to the east is zoned R-3, Multiple Family Residential. The Zoning Code at Section 9.110 (F)(3)(d) allows for outdoor sales as a Conditional Use in the CBD. The Specific Development Standards at Section 9.107 (29) state the criteria in which the outdoor storage shall be used. These standards state the following: a) The outdoor salesldisplay use shall be accessory to a commercial use. The outdoor sales will be accessory to the hardware store use, which is permitted in the CBD, Central Business District. b) All outdoor salesldisplay areas shall meet the setback requirements for a principal structure in the zoning district in which it is located. The setback requirements in the CBD, Central Business District are as follows: Front Yard: Side Yard: Rear Yard: none none 10 feet The proposed Garden Center will be located10 feet from the northern side lot line, 70 feet from the southern side lot line and 35 feet from the rear lot line, meeting the city's minimum requirements. c) Outdoor salesldisplay areas within the public right-of-way are prohibited. The applicant will confine all outdoor sales/displays to the Garden Center located to the rear of the property and away from any public rights-of-way. d) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights-of-way. The proposed outdoor sales/display area will be located behind the principal structure at a distance of approximately 140 feet from the Central Avenue right- of-way. For this reason, a landscape buffer zone will be unnecessary. Page 2 City of Columbia Heights Planning Commission Frattallone's CUP, Site Plan Approval March 5, 2008 Case # 2008-0302 e) All goods shall be displayed in a designated area that is hard surfaced. The proposed Garden Center will be hard surfaced and located within a confined, fenced-in space behind the principal structure. f) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. The applicant has stated that it is to his benefit to display the goods in an orderly fashion. This condition will be added as a condition of approval for the CUP. g) Music or amplified sounds shall not be audible from adjacent residential properties. The applicant stated that the volume on all sound systems would be controlled to ensure that the produced noise would not be audible from the adjacent residentially zoned property. This will be added as a condition of approval for the CUP. h) The outdoor sales/display area shall not reduce the amount of off-street parking provided on-site below the level required for the principal use. The property is located in the CBD, Central Business District, which does not require off-street parking. i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. The Garden Center will be enclosed with a six-foot high wrought iron fence with 2'x2' support columns. This will provide an adequate buffer between the outdoor sales/display are and adjacent properlies. BUILDING CONSTRUCTION. Because of the nature of the property and the soil conditions, the entire building, along with all other structures on site, will be built on pilings. In total, the applicants will be using 125 pilings to support the structure. PARKING. The property is located in the CBD, Central Business District. The CBD does not require an off-street parking for any businesses. Although this is the case, the applicant is proposing 34 on-site parking spaces, sized to meet the city's minimum parking space requirement of 9'x18'. LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall have a minimum of 100 square feet of landscape area and one over-story tree for each 20 Page 3 'City of Columbia Heights Planning Commission Frattallone's CUP, Site Plan Approval March 5, 2008 Case # 2008-0302 spaces or fraction thereof as well. 3939 Central Avenue has 180 feet of street frontage, and is utilizing 34 parking spaces. This requires six trees, two of which shall be over- story trees, and 170 square feet of landscape area. The proposed plans indicate a total of eight Linden Trees, all of which are over-story trees, and approximately 3,260 square feet of landscaped area, meeting the City's minimum requirements in both regards. STORMWATER MANAGEMENT. As stated previously, the property at 3939 Central Avenue is contaminated with construction debris and needs to be controlled prior to any construction. As directed by the MPCA, the developers will incorporate a two-foot thick layer of geo-composite lining, creating an acceptable buffer zone between the new building and the waste material, and effectively capping the property. By capping the site, the MPCA has also determined that stormwater management in the form of ponding would not be acceptable, as the protective barrier cannot be penetrated in any way. For this reason, the developer's only other option is to pond the storm water on the roof of the building and control the rate of runoff into the City's storm sewer drains through a water retention method. DESIGN GUIDELINES The property at 3939 Central Avenue is also located in the Design Overlay Central Business District and is subject to a set of specific development standards as outlined in the Design Guidelines. Some of the following areas of interest are as follows: BUILDING PLACEMENT. Buildings shall meet the established fac;:ade line on the block where they are located, in most cases at or very near the front lot line. The proposed building will be placed 10 feet from the front lot line in order to incorporate landscaping between the building and the sidewalk. PRIMARY FACADES. Buildings should have a well-defined base, middle and top. The base, or ground floor should appear visually distinct from the upper stories. The proposed structure is a one-story building designed to have the appearance of a two- story structure. The ground floor incorporates a row of windows with a change in building material on the upper portion of the building to give the impression of a second story. Brick columns will span the height of the building, ending at the bottom of an ornate cornice topping the entire front and a portion of the side facades. BUILDING HEIGHT. All buildings shall have a minimum cornice height of 22 feet. With the grade change on the property, the majority of the building will be in excess of 22 feet, with the southwestern corner at 21 '8". Because the majority of the building meets the 22-foot height requirement, the building height will be considered acceptable. BUILDING MATERIALS. The building will incorporate rock face block, brick and EIFS, which are all acceptable building materials for the district in which the building is located. Page 4 City of Columbia Heights Planning Commission Frattallone's CUP, Site Plan Approvai March 5, 2008 Case # 2008-0302 FINDINGS OF FACT (Conditional Use Permit) Section 9.104 (H) of the Zoning Ordinance outlines nine findings of fact that must be met in order for the City to grant a conditional use permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Outdoor sales/display is specifically listed as a Conditional Use in the CBD, Central Business District in the City of Columbia Heights. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan designates the property as commercial use. The proposal is consistent with the intent of the City's Comprehensive Plan to promote business and enhance the city's economic vitality through redevelopment efforts. (c) The use will not impose hazards or disturbing influences on neighboring properties. The outdoor sales area is located on the back of the building and will be enclosed with an ornamental wrought iron fence with brick columns. The activity conducted in the Garden Center will not impose hazards on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The required setbacks for outdoor sales area for the proposed CUP would help ensure that the uses of properties in the immediate vicinity would not be diminished in any capacity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The outdoor sales area is located on the back of the building and will be enclosed with an ornamental wrought iron fence with brick columns. It is intended that the Garden Center will be operated and maintained in a manner compatible with the appearance of the surrounding area. Page 5 City of Columbia Heights Planning Commission Frattallone's CUP, Site Plan Approval March 5, 2008 Case # 2008-0302 (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The properly located at 3939 Central Avenue NE meets this criterion. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The Site Plan indicates adequate parking stall dimensions and drive aisle widths. This will ensure appropriate on-site circulation of traffic. MnDOT has received and reviewed the site plan and has indicated no concerns regarding increased traffic due to the proposed Garden Center use. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. Being that outdoor sales/display is allowed in the Central Business District with a CUP, it is assumed that there would be no negative cumulative effect of the proposed use on other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulation for the CBD zoning district. FINDINGS OF FACT (Site Plan Approval) Section 9.104 (M) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a) The site plan conforms to all applicable requirements of this article. The site plan meets all setback, building density, parking and Design Guidelines criteria perlaining to the Zoning Code. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The City's Comprehensive Plan guides this area for commercial use. The proposed hardware store is an acceptable use in the zoning district it is located, thus consistent with the Comprehensive Plan. c) The site plan is consistent with any applicable area plan. Page 6 City of Columbia Heights Planning Commission Frattallone's CUP, Site Pian Approvai March 5, 2008 Case # 2008-0302 There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed site plan meets all applicab/e setback requirements and zoning provisions. For this reason, there will be no adverse impacts on property in the immediate vicinity or the public right-of-way. RECOMMENDATION The Burger King site has been a redevelopment priority for the City of Columbia Heights and Mr. Frattallone has been a prominent business owner in the city for quite some time. The proposed plans for the construction of a hardware store meet all zoning and design guideline requirements, and the garden center will be an unobtrusive service to the public. For these reasons, staff recommends approval of the Conditional Use Permit for outdoor sales/display as well as approval of the site plan for 3939 Central Avenue. Motions: Move to waive the reading of Resolution No. 2008-PZ03, there being ample copies available to the public. Move to adopt Resolution No. 2008-PZ03, being a resolution approving a site plan, for a hardware store and garden center located at 3939 Central Avenue. Motion: That the Planning Commission recommends that the City Council approve the Conditional Use Permit for an outdoor sales/display area for the Frattalone's Ace Hardware Store located at 3939 Central Avenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The outdoor sales/display use shall be accessory to a commercial use. 2. All outdoor sales/display areas shall meet the setback requirements for a principal structure in the zoning district in which it is located. 3. Outdoor sales/display areas within the public right-of-way are prohibited. 4. All goods shall be displayed in a designated area that is hard surfaced. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. Page 7 City of Columbia Heights Planning Commission Frattallone's CUP, Site Plan Approval March 5, 2008 Case # 2008-0302 6. Music or amplified sounds shall not be audible from adjacent residential properties. ATTACHMENTS . Draft Resolution Location Map Site Plan Building Elevations . . . Page 8 DRAFT RESOLUTION NO. 2008-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TOM FRATTALONE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0302) has been submitted by Nancy Percival to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3939 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (F)(3)(d), to allow outdoor sales/display. WHEREAS, the Planning Conullission has held a public hearing as reqnired by the city Zoning Code on March 5, 2008; WHEREAS, the City Conncil has considered the advice and recommendations of the Pla1ll1ing Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the conullunity 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 City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Pla1ll1ing Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring propeIiies. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a maImer that is compatible with the appearance of the existing or intended character ofthe surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. Resolution No. 2008-XX Page 2 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar veal' after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The outdoor sales/display use shall be accessory to a commercial use. 2. All outdoor sales/display areas shall meet the setback requirements for a principal structure in the zoning district in which it is located. 3. Outdoor sales/display areas within the public right-of-way are prohibited. 4. All goods shall be displayed in a designated area that is hard surfaced. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential propel1ies. Passed this _ day of March 2008 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Resolution No. 2008-XX Page 3 Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary Approval is contingent upon execution ffild return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Date Tom Frattallone RESOLUTION NO. 2008-PZ03 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR A HARDWARE STORE AND GARDEN CENTER AT 3939 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0302) has been submitted by Tom Frattallone to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 3939 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the eonstruetion ofa hardware store and garden eenter at 3939 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 5, 2008; WHEREAS, the Planning and Zoning ConU11ission has considered the advice and reco111ll1endations of the City staff regarding the effect of the proposed site plan upon the health, safety, m1d welfare of the community m1d 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 Plmming and Zoning Commission ofthe City of ColUll1bia Heights after reviewing the proposal, that the Planning and Zoning Conunission 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 eonsistent with any applicable area plan. 4. The site plan minimizes any adverse impaets on property in the immediate vicinity and 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 (1) calendar veal' after the approval date, subject to petition for renewal of the permit. Resolution No. 2008-PZ03 Page 2 Passed this sth day of March 2008, Offered by: Seconded by: RollCall: Ayes: Nays: CHAIR Marlaine Szurek Attest: SECRETARY, 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 oflhis resolution as outlined above. Tom Frattallone Date 3939 Central Avenue 4041 4040 4040 lor/. 4001 4032 '" 4030 4030 '" j ~ 0 - '" 4026 .. 4024 0 ~ ~// .. 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BCl-URD DUSlI urCTRIC UITER ELECTR1CI'EDEST...L GUYIIlRE: POWi:RPOLE .1' FUEL TANK VENT PIPE lS" FUEL TANK GOVER Jo-ruaT",NKCOVi:R OASMElER UGiHPOLE OUTSIDE V...CUUM P...V80X TElfPHllNEPEDESTAL SAlIIT...RV SEIlER ~IANHOl.E "'RE.\.DRAIN C",lCHDASlNCURBnPE FLARmENOS[ClHlN SlORI.lMANItOl.E "'"' CATEVALVf:. llYllRmT \VATER MANHotE OVi:RllEIIOELECTRIC UNDERGROUNOELEOTRIO UNtltRGRotmOGAS DVERHf.ADlElEPllDllE UNDERGROU/lD1ll.EPIlONE SANIT...RYSEWERUNE SlDR!.!utlE WATER!.!AIIl EOGEDfBRUSIl OHAWUUK fENCE EXlSl1~G CURB @ PRDPOS[OSAUlT"'RYMAlIfI(JlE @ PRDPOSEOSTORM~IAllll(JlE ll!ilI PROPOSEOSTORMCA1ClIIIASIU -4 PROPOSED n....RED ErlO Se:cnOll txl PROPOSEOGA1EVALVE. FAULKNER CONSTRUCTION 2350 County Road J WMe Bear Lake, MN 55110 Rovl6fon Dalo NumOOr" By e e ';. . o '" IEJ -> ,. , o M d'. O~O' '" ~ o NOTlOCATID (BURIED) . "'"" 1. BENl:H MARK: THE MOS1NORTIlIJlLYCH.l LOC"'TED IUTHEIUITRSECTlOllOrCOUUTYROAOJANO HOOGSOtlROAD. ELt:VAll00:90S.2IlfT, ~ I I I I I ~ In @ '" ~ @ e !xl <> @ -""1- -.....,............- ;1 . <> PROPOSEOHYDRAliT 7t PROPOSWPOSTII1llICA10R VALVf. -....-PROPOS(OSANllARYUIlE -'1\I-PIlOPOSEOSlORlJW1E -.l\t-PROPOSEOWATERI.lAUt PROPOSED RETAlfIlllG WAll. Ihmbycertlftlhallhlsplan,sp&elRcallonorreport WOI!l proparodby me 01 undor my dlrool superJs/on and thai I arn a duly L100nsed ProfaBlliollll1 El\glnoer underthtltBWllofIhoS!!llElofMlnneaota. r i ~.,1~'f. HARDWARE STORE 14,833 S.F, FFE=942.70 EN CENTER 00 S,F. '1,. <= ,. AI RC Pp~ to bo Cla.oS,unlos. Ql~orwl,o not.d. Print Name: TROY D. Ltvc3ARD P.E. Signed: !' " 94.1 ^ 941.3 , AI wo\<.rmolfl .holl hove 6' mlfl!mum <:<IV",. Dale: 11/28/2007 Lk:6nse Numbar. ,(27.<19 II~..., 8Isn\an:lc-OlIIro'.tLakes-Fargo.J.!!MMpoIls.SlolD:FBh 6201 EeslRlverROlld Sulle.300 Mlnneapalla,M1nnl!lllOlG 55.<121 PhDne: 763.571.2500 F&l(: 763.511,1168 Web: WMY.ultelg.oom DruwnBy: TomWtlmlmont Ch&cl<<>dBy: TroyLlvgard Approv&dBy. TroyLNgard i I , l ~ i ! I , ^ 942.5 ~.,~~'f. ........... GAR 8. .-' . 6' HIGH WROUGHT IRON FENCE 8ElWffN 2')(2' CMU PIERS -= """ - ,. Sanltary..".rlo boR" PVC-SDR-25. PROPOSED UTILITY PLAN: Feet Frett/one's Ace Hardware 1<3. / ~.,.' .. Sanllory """,loe 10 be S'PVC SCH-tOondhovo ~.lop. mlnlmum.. I 100 Pro/ootNumber: 207.1.<181 Dele: Novemoor26 2007 C2 .,~ <3. , 9tl.O '" N Scale '0 -= ;1 19f1.8 I , r941.8 -= , ~41.5X - -= ""'0 ", .. . ..:'." I.~ ~ : .:...... / I o , 20 , 00 '0 80 ONE: FOOT CONTOUR INTE:RVALS HArD,/ AP' sri"- ~ 0---. ~I rB)1 . ~ ~rEJ~rB . l~~ - . / lb . ,JrEl \ ~IT I ~ . . o c ...., , 0' ;' 0". o ~ 00 . ~-,t~ ;<'" o o m @ " o / ~,,-"'"' i , IIWJ\ 11""/ I ~~ l:,;;a" 'I 'iY' 9~1.~ . "----g ~I o I 1m ~ @ e '" <> @ '.,,'~ .. g,"" , <,,,., I ~ / c. ~--o-- !1I1'. --.-o-----(] / / @ ., ~ , 'w ~~ ~ A. L--J............. 'j- I'~I c:::Y .1 o ~ to';:' -- I,. I"" I "'-1/ '-0 ~ - ',Yo ""'" ~ . I. E'Y" ~ PREll MI NARY NOT fOR CONSTRUCTION FAULKNER CONSTRUCTION 2350 County Road J White Bear lake. MN 55110 Revlslon Oat\! Numher By Rsvlsedsllaplan 2.27.0B TDL IherebyccllifYlha'lhlspla~.specmcaliollorrepol1 was prepared by me or under my dilllct suparvislon andlhnllamadul~Uoen5edPmfe5slonalEnglneel under lha laws of tho Slalo 01 Minnasnta. PllolNamo: TflOYD.LlVGARD P.E. SIgned: Oale;1112112007UccnsoNumbo,:~ BOslmur:k-Q,Jlro1I Lakes-Fargo_MlnIIeapol"s_Sloux Fals 5201EasIRi'larRoadSulto308 Mfnnoapolls,Minnasola 55421 Poone:763.571.2500 Fax: 763.571.11611 Web: YIWW.ullelg.oom Drawn By: Virginia13oughnour CMeckedBy:Troyllvgard Approved By: Troy Uvgard PROPOSED GRADING AND EROSION CONTROL PLAN: Frattlone's Ace Hardware ProjeclNumbEr: 207.1481 Dala; Noyambor262OO7 C1 FRATTALLONE'S ACE HARDWARE COLUMBIA HEIGHTS, MINNESOTA I"'CI"""" -( ::;'"'''''' Fl,Bl~1J^RY 29, 20(j8 ;1; ie" ':',;'" ;~':;; il-;;:' , )">'~j:;',, , ' to::"~; ,';" ,;,;~y';' :""''t'}?" ,Hi Ijl, . 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'1','i':fr ,,f';j; ;';5;,; ,>., ,"",' ',;C ': .;:'" 'j. ", ';C,'>;:':'; ;'r';,',\;: 'N'" , y,., ';,';;"', . , '." :;'~:"}';!~';;~5!':~!;;;':';1:':";}~ ~ni~;":(iJ;,> ::,<;~ l\)";C""; . ',,;,;: '.' ",. ;'::':,; '; 'i', ...... . ,~, : :;,,~i;.t >j;;, .j, >', :, ;, ;.C;;{' "',.,z;.:,;<;;,y,:;:",~j?H~';;;~:';~:';~;:~'h;;,},,;C .,:,' , . . ~;;f,~;.i;'j'J"'::'\;?;i " " ,"'. Oardell Cel\!et' :i-"':",;'.f:':' e · ,'1?, ',': 'f~"', . , , ,. , if., FRATTALLONE'S ACE HARDWARE COLUMBIA HEIGHTS, MINNESOTA I"()J '''co'" .i ::'.,,""" "~. , c FEBR.UARY 29. :!008 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0303 DATE: March 5, 2008 TO: Columbia Heights Planning Commission APPLICANT: Aren Dela LOCATION: 3807-3809 Pierce Street REQUEST: Lot Split, Conditional Use Permit for Twin Home PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, there are two land use requests for the property located at 3807-3809 Pierce Street. They are: 1. A lot split per Code Section 9.104 (J). 2. A Conditional Use Permit for the establishment of a Twin Home in the R-2B, One and Two Family Residential District per Code Section 9.109 (F)(3)(b). The applicant, Aren Dela, is proposing to split the property located at 3807-3809 Pierce Street in order to convert an existing duplex into a twin home. The Zoning Ordinance has recently been amended to require a Conditional Use Permit (CUP) for all twin home proposals within the R-2A or R-2B, One and Two Family Residential Zoning Districts. The existing house located at 3807-3809 Pierce Street is a duplex. The applicant currently resides at the premises and would like to convert the rental property into for- sale units. COMPREHENSIVE PLAN The Comprehensive Plan guides this area towards Low Density Residential. By converting the current use as a duplex to a twin home use, the applicant will conform to the Land Use designation of the area. City of Columbia Heights Planning Commission Aren Dela - Lot Split, CUP for Twin Home March 5, 2008 Case # 2008-0303 ZONING ORDINANCE The property is zoned R-2B, One and Two Family Residential. The purpose of the R- 2A and R-2B, Two-Family Residential District is to provide appropriately located areas for single-family dwellings, two family dwellings (duplexes) and directly related complementary uses. The minimum requirements for lot area, lot width and setbacks in the R2-B District for a twin home use are as follows: Lot Area: Lot Width: Front Yard Setback: Side Yard Setback: Rear Yard Setback: 5,100 square feet 60 feet Average requirement o feet 20% of lot depth. The lot width and lot area requirements are the minimum standards required for properties prior to the lot split, in order to construct a twin home. The property at 3807- 3809 Pierce Street meets the minimum requirements. The Zoning Code has specific requirements for zero lot line setbacks when taking twin homes into consideration. They are as follows: (1) The wall of the dwelling unit shall be placed upon said property line in a manner that does not encroach upon another property. The proposed lot line will split the structure into two separate living quarters, along a party wall. At no point does any portion of either dwelling unit encroach onto the neighboring property. (2) The applicant records all required agreements, easements and deed restrictions against all properties that abut the zero lot line. This condition will be attached to the Conditional Use Permit Resolution. The applicant will be responsible for recording a party wall agreement as well as a driveway easement agreement between the two properties. (3) The minimum front, side and rear building setbacks shall be applied to the structure as a whole, rather than to individual units. The current structure is 5 feet from the northern side lot line, 5 feet from the southern side lot line, and approximately 39 feet from the rear property line, meeting the minimum setback requirements. (4) The minimum lot area requirement shall be applied by dividing the sum of the area of all parcels occupied by the structure by the total n,umber of dwelling units. Page 2 City of Columbia Heights Planning Commission Aren Dela - Lot Split, CUP for Twin Home March 5, 2008 Case # 2008-0303 The current structure is placed in the center of the property, with an equal setback of 5 feet to each of the side lot lines. The proposed lot line will equally bisect the property into two 3D-foot wide parcels. This meets the zero-lot line requirement regarding the minimum lot areas. The park dedication fee for new lot will be $3,900.00, to be paid upon final approval of the lot split. FINDINGS OF FACT (Minor Subdivision) Section 9.104 (J) of the Zoning Ordinance outlines eight conditions that must be met in order for the City to grant a minor subdivision. They are as follows: (a) The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in the creation of two parcels. (b) The proposed subdivision of land does not involve the vacation of existing easements. No existing easements will be vacated as a result of the proposed minor subdivision. (c) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located, The minimum lot area and lot width requirements have been met with the proposed lot split. (d) The proposed subdivision does not require the dedication of public rights-of- way for the purpose of gaining access to the property, The property currently has adequate access to Pierce Street and will not require a dedication of the public right-of-way for access purposes, (e) The property has not previously been divided through the minor subdivision provisions of this article, This property has not been previously subdivided through the minor subdivision process, (f) The proposed subdivision does not hinder the conveyance of land, This is a true statement. Page 3 City of Columbia Heights Planning Commission Aren Dela - Lot Split, CUP for Twin Home March 5, 2008 Case # 2008-0303 (g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is a true statement. (h) The proposed subdivision meets all of the design standards specified in Section 9.114. Section 9.114 refers to the subdivision regulations set forth in the City's Zoning Code. The proposed subdivision meets all of the design standards specified in this section. FINDINGS OF FACT (Conditional Use Permit) Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City to grant a conditional use permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. A twin home use is specifically mentioned as a Conditional Use in the R-2B, One and Two Family Residential District. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area towards Low Density Residential. By converting the property from a two-family use to two one-family uses, the use of the property will be more consistent with the intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. The use of the building will change from a rental dwelling to owner-occupied. This should not impose hazards or disturbing influences within a residential area. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of the property in the immediate vicinity would not be diminished with this proposal. The building is an existing structure on the property. Page 4 City of Columbia Heights Planning Commission Aren Dela - Lot Split, CUP for Twin Home March 5, 2008 Case # 2008-0303 (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The character of the surrounding area is for one and two family households. The twin home proposal would be consistent with the character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The properly located at 3807-3809 Pierce Street meets this criterion. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. Traffic congestion will not be a problem with a twin home residential use within a residential district. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. The use will not cause a negative cumulative effect in the area. The proposal would be reducing the number of rental units in the neighborhood. (i) The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulations for the district in which the properly is located. RECOMMENDATIONS Motion: The Planning Commission recommends that the City Council approve the minor subdivision of the property located at 3807-3809 Pierce Street for the purpose of creating parcels for a twin home, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All applications materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of $3,900.00, due at Page 5 City of Columbia Heights Planning Commission Aren Dela - Lot Split, CUP for Twin Home March 5, 2008 Case # 2008-0303 the time of final approval by the City Council, and prior to any permits issued for the property. Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for a twin home use, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The shared party wall shall have not less than a one-hour fire resistive rating with exposure from both sides. 3. A shared parking/driveway easement shall be drawn up and recorded with Anoka County for the shared use of the driveway. ATTACHMENTS . Draft Resolution . Location Map . Site Plan Page 6 RESOLUTION NO. XXXX RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR AREN DELA WHEREAS, a proposal (Case No. 2008-0303) has been submitted by ArenDela to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 3807-3809 Pierce Street EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recOlmnendations of the Planning Connnission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on March 5, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Connnission: 1. The proposed subdivision of land will not result in more than tlU'ee lots. 2. The proposed subdivision ofland does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the propelty. 5. The property has not previously been divided through the minor subdivision provisions of this mtic1e. 6. The proposed subdivision does not hinder the conveyance ofland. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all ofthe design standards specified in the S9.114. Resolution No. XXXX Page 2 FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become patt of this subdivision approval. CONDITIONS: 1. All applications materials, maps, drawings and descriptive information submitted with tlus application shall become patt of the permit. 2. The applicant shall pay a park dedication fee in the amount of$3,900.00, due at the time of final approval by the City Council, and prior to any permits issued for the property. Passed this _ day of March 2008 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gaty L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions ofthis resolution as outlined above. Date Aren Dela RESOLUTION NO. XXXX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AREN DELA WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0303) has been submitted by Aren Dela to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3807-3809 Pierce Street LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (F)(3 )(b) for a twin home. WHEREAS, the Plarming Commission has held a public hearing as required by the city Zoning Code on March 5, 2008; WHEREAS, the City Council has considered the advice and reconunendations of the Planning Commission regarding the effect ofthe proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surr01mding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Plmming Commission: I. The use is one of the conditional uses listed for the zoning district in which the propeliy is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring propeliies. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance ofthe existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. Resolution No. XXXX Page 2 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part ofthis permit and approval; amI 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 (]) calendar veal' after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The shared party wall shall have not less than a one-hour fire resistive rating with exposure from both sides. 3. A shared pmking/driveway easement shall be drawn up and recorded with Anoka County for the shared use of the driveway. Passed this _ day of March, 2008 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gmy L. Peterson Attest: Patricia Muscovitz, CMC Resolution No. XXXX Page 3 City Clerk/Council Secretary Approval is contingent upon execution and return of this document to the City Planning Office. r have read and agree to the conditions of this resolution as outlined above. Aren Dela Date 3807 -3809 Pierce Street 0) It) ..- N -:t -:t ..- ..- Location Map N W~&J E ,~ S MICROFH_MEcDEC 2 I 1992 WILLIAM D. SCHOELL REGISTE~Eq CIVIL ENGINEER SCHOELL and MADSON 611706 HI CARLISLE MADSON REGISTERED LAND sURVEYOR MINN. NO. 22.6!1 ENGINEERS AND SURVEYORS 2629 LOUISIANA AVENUE MINNEAPOLIS 26. MINN. WEsT 9.0444 MINN. NO. 4374 so. DA.K. 791 WIS. NO. t\.674 IOWA NO. 370!l pj ~ SO. OAK. 7!l5 WIS. 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