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
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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
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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
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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
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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
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I GREEN SPACE
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ACE
HARDW ARE
COLUMBIA HEIGHTS,
MINNESOTA
FCI
FAULKNER
CONSTRUCTION
I N C
23SO COVN'lYROAD S
wtmBBEAR I.AKlJ,MlNNBSOTA
55110
PHONB (651) 426.47015
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14,500 SF. 130 x 100
30 X 50
SHEET INDEX
ARCHITECTURAL
AI.O-SlTEPLAN,PROJECTDATA
A2.0 - FLOOR PLAN, SCHEDULES, TOILET DETflILS
A-2o.Smp]PINGPLAN
1\3 - EXTERlIIR ELEVATIONS
STRUCTURAL
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CHUPIERS
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HEIGHTS
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PROJECT SITE DATA
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FAULKNER
CONSTRUCTION
2350 County Road J
WMe Bear Lake, MN 55110
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00 S,F.
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Cla.oS,unlos.
Ql~orwl,o not.d.
Print Name: TROY D. Ltvc3ARD P.E.
Signed:
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941.3
,
AI wo\<.rmolfl
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mlfl!mum <:<IV",.
Dale: 11/28/2007 Lk:6nse Numbar. ,(27.<19
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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
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PROPOSED UTILITY PLAN:
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CONSTRUCTION
2350 County Road J
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PROPOSED GRADING AND
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COLUMBIA HEIGHTS, MINNESOTA
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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
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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
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