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HomeMy WebLinkAboutApril 1, 2008 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING APRIL 1,2008 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Fiorendino, Sclnnitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Thompson, seconded by Schmitt, to approve the minutes from the meeting of March 5, 2008. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0401 Taco BelI, Border Foods, Inc. 4900-4910 Centml Avenue Minor Subdivision, Site Plan Approval INTRODUCTION At this time, Border Foods, Inc. d/b/a Taco Bell is requesting a Site Plan approval for the construction of a new 2,062 square foot restaurant located at 4900 Central A venue. The applicant is also requesting a Minor Subdivision of the property located at 4910 Central Avenue in order to split off 11.5 feet of land needed to complete the construction of the new restaurant. The applicant has also agreed to demolish the existing car wash building as part of the approval of the minor subdivision. BACKGROUND On February 7, 2006, Border Foods acquired the Dave's Car Wash property located at 4910 Central Avenue, as they plmmed to redevelop the site to include a new Taco Bell restaurant and a Starbucks Coffee Shop. On August 8, 2006, Border Foods presented the Planning Commission with a proposal that included a new Taco Bell building as well as a new Starbucks Coffee Shop. The proposed plans required three variance and thirteen deviations from the Design Guidelines. City Staff recommended denial of the proposal, and the Plmming Conunission in turn recommended denial of the project to the City Council. Border Foods withdrew the application prior to the City Council meeting. At this time, the proposal includes the reconstruction of only the Taco Bell building. There m'e also no variance requests associated with the proposal and only two deviations from the Design Guidelines. Staff has worked closely with Border Foods for the past several weeks, and Border Foods has made great efforts in drafting plans that meet the overall intent of the Design Guidelines. PLANNING & ZONING COMMISSION MINUTES PAGE 2 APRIL 1,2008 COMPREHENSIVE I)LAN The Comprehensive Plan designates this area for commercial development, therefore this proposal is consistent with the Comprehensive Plan. The Design Guidelines were adopted by the City Council to set the minimum standards for design quality. The guidelines were established to increase the visual appeal and pedestrian orientation of certain major street corridors within the city, thereby increasing the economic vitality of these corridors, and supporting the goals of the Comprehensive Plan. Even though the proposed plans submitted by the applicant include two deviations from the Design Guidelines, the deviations are consistent with the intent of the Design Guidelines and contextually acceptable in the overall design of the project. ZONING ORDINANCE The properties located at 4900-4910 Central Avenue NE are zoned GB, General Business, as are the properties to the north and east. The properties to the west are zoned R-2A and R-2B, One and Two Family Residential. The property to the south is located in the City of Hilltop. Parking. Fast food restaurmlts with drive thm convenience require six (6) parking stalls plus one (1) parking stall for each 40 square feet of dining area. The proposed restaurant will have 627 square feet of dining area, requiring 16 parking stalls. In total, the project requires 22 parking stalls. The proposed plans indicate a total of 25 parking stalls on site. Drive-Thru Facilities. The Zoning Code requires a minimum of six (6) stacking spaces per drive thrulmle. The proposed plans indicate seven (7) stacking spaces. 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 spaces or fraction thereof as well. 4900 Central Avenue has 341 feet of street frontage, and incorporates 25 parking spaces. This requires eight (8) trees, one of which shall be an over-story tree, and 250 square feet of landscape area. The proposed plmls indicate a total .of eight (8) trees, seven of which m'e over-story trees, and approximately 1,770 square feet of landscaped area, meeting the City's minimum requirements in both regards. Included in the landscape plan for the project will be 17 slu'ubs and over 200 perennial flowers. Signage. The current Taco Bell incorporates a freestmlding pylon sign. The proposed plmls indicate the removal and replacement of the pylon sign with a monument sign, consistent with the minimum standards of the City's Sign Code and Design Guidelines. The monument sign will be 8 feet in height and will have 19 square feet of signage on both sides. The proposed monument sign will also incorporate some franchise architecture, which is allowable. Wall signage will be limited to three (3) signs at approximately 20 square feet per sign, for a total of 60 square feet for the entire building. The Sign Code allows the building to have 2 square feet of signage for each 1 foot of building frontage, capped at 200 square feet. Since this building is on a corner, it has a total of 103 feet of fi'ontage, permitting 200 square feet. The proposed plans indicate a total of 60 square feet of signage. Stonnwatcr Managemcnt. The applicant is proposing to use a system of two rain gardens to help control the rainwater runoff from the property. The first is located between the building and Central Avenue and the second is located between the building and 49th Avenue. The City Engineer has reviewed the plans for these rain gardens mld has determined that they meet City requirements for rate control, but only pmiially meet the requirements for water quality. A patiial storm water management fee will be calculated and applied to the project to make up for the difference. PLANNING & ZONING COMMISSION MINUTES PAGE 3 APRIL I, 2008 Design Guidelines. The project is located at 4900 and 4910 Central Avenue, which is also located within the Design Overlay Highway District. Properties located in this district are subject to design guidelines when discussing the placement of the building on the lot, the height of the building, architectural details of the building, and sign age. It is assumed that the intent of the guidelines should be met, however, it is understood that there may be alternative ways to achieve the same design objectives. The City may permit alternative approaches that, in its determination, meet the objective(s) of the design guideline(s) equally well. The City may also waive any guideline when specific physical conditions of the site or building would ma1ce compliance more difficult or inappropriate. Some Design Guideline elements that have been met are as follows: FRANCHISE ARCHITECTURE. Franchise architecture (building design that is trademarked or identified with a pmiicular chain or corporation and is generic in nature) is prohibited unless it employs a traditional storefront commercial style. Border Foods has worked with City Staff by taking away design elements of the building that would have otherwise identified the building as a Taco Bell. These elements have been reincorporated into the monument sign design. The proposed building meets the Design Guidelines pertaining to franchise architecture. DRIVE THRU FACILITIES. Drive-thm elements shall be placed to the side or rear of the principal building, and shall not be located between any building fayade mld Central Avenue. The proposed location of the drive-thru elements is located on the south side of the building, behind the front face of the restaurant. The orientation of the building to Central A venue is directly related to the location of the drive- thm facilities. Border Foods and City Staff agreed that it would be more desirable to have the drive-thm elements located correctly on the propeliy than to have the building oriented correctly. PRIMARY FACADES. The base or ground floor of the building shall include elements that relate to the human scale, including texture, projections, doors and windows, awnings, cmlOpies or ornamentation. The Taco Bell building design incorporates a cultured stone sill, windows, awnings and building projections, all achieving the intent of the Design Guidelines. BUILDING MATERIALS. The building will incorporate cultured stone a1ld EIFS, which are all acceptable building materials for the district in which the building is located. BUILDING COLOR. Principal building colors should consist of subtle, neutral or muted color with low reflecta1lce. The original color palate for Taco Bell buildings incorporate bright bold oranges, yellows and browns. Border Foods has worked with City Staff to drastically mute the color palate mld have proposed the new color scheme for the building. The proposed building colors meet the Design Guidelines. PLANNING & ZONING COMMISSION MINUTES PAGE 4 APRIL I, 2008 Sargent then reviewed the reasons for the subdivision. He explained the 11.5 ft. is needed to meet the setback and parking space requirements. The 11.5 ft will be combined with the present Taco Bell property. The remaining piece to the nOlth will still meet the minimum lot area and lot width requirements for future redevelopment. 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 split off 11.5 feet of land fi'om the property to the north and add it to the southern property. No new developable land will be created as a result of the proposed lot split. (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 public alley to the west of the property currently accesses the property at 4910 Central Avenue. The proposed lot split will not require new dedications of public rights-ol-way for access pU/]Joses. (e) The property has not previously been divided tln'ough the minor subdivision provisions of this mticle. This property has not been previously subdivided through the minor subdivision process. (f) The proposed subdivision does not hinder the conveyance of land. This is a true statement. (g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is a true statement. (h) The proposed subdivision meets all of the design standards specified in Section 9.114. Section 9.114 refers to the subdivision regulations set forth in the City's Zoning Code. The proposed subdivision meets all of the design standards specified in this section. PLANNING & ZONING COMMISSION MINUTES PAGE 5 APRIL 1,2008 FINDINGS OF FACT (Site Plan Approval) Section 9.014 (M) of the Columbia Heights Zoning Code requires that the Planning Commission make each ofthe following four (4) findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article. As stated previously, the project site is located in the Design Overlay Highway District. There are two proposed deviations ji'01n the Design Guidelines for the construction of the Taco Bell building as currently presented. Sargent explained the rational used in allowing the following deviations: Building Placement. The Design Guidelines require the buildings to have a well-defined fi'ont far;ade with primwy entrances facing the street. Buildings should be aligned so that the dominant lines of their facades parallel the line of the street and create a continuous edge. The Taco Bell building does not have a well-defined ji-ont far;ade facing Central Avenue. The main far;ade faces the north, into the parking lot, which does not meet the Design Guidelines criterion. After extensive research, Staff determined that the proposed placement of the building on the property is the only location that will adequately provide the number of parking stalls required, while still providing the adequate parking setbacks, drive aisle widths and drive-thru facility placements. As stated previously, the orientation of the building and the location of the drive-thru elements are directly related. The applicant and staff agreed that locating the drive-thru elements correctly had a greater visual impact than orienting the building correctly. Building Height. All buildings shall have a minimum cornice height of 22 feet in order to create an increased sense of enclosure and diminish the perceived width of the street. This also conveys a multi-story appearance even if the building has only one occupiedfloor. The majority of the Taco Bell building will be 18' - 81,0" in height. The fi'ont entrance tower, however, will be 22 feet in height. The intent is to have the entire building a minimum of 22 feet in height in order to create a two-stOlY appearance. With the width of the Taco Bell building at 28 feet, raising the overall height to 22 feet creates a disproportional appearance to the building, causing it to look abnormal. The overall intent of the Design Guidelines is to create aesthetically appealing structures. The proposed building is proportional in shape and meets this intent. 2. The site plan is consistent with the applicable provisions of the City's Comprehensive Plan. The applicant's proposal is a commercial building, and therefore consistent with the Comprehensive Plan. 3. The site plan is consistent with any applicable area plan. Currently, there is no area plan for the proposed project area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed plans are consistent with the Zoning Code in regards to building setback and screening from adjacent residentially zoned parcels. For this reason, the site plan minimizes and adverse impacts on property in the immediate vicinity and public rights-ol-way. PLANNING & ZONING COMMISSION MINUTES PAGE 6 APRIL I, 2008 Border Foods have worked closely with City Staff to present a proposal that is consistent with the intent of the Design Guidelines and the Zoning Ordinance. Staff feels that the end product will be an asset to the community, and will aid in tile effort to redevelop older pOltions of Central A venue. The proposed project will also include the removal of an abandoned car wash building, which will be a benefit to the City. For these reasons, staff recommends approval of tlle site plan and minor subdivision. Ouestions from members: Szurek asked if the lots were being combined first, then split. Sargent explained that 11.5 ft was being split from the north lot to be combined with the parcel on the south. He again reiterated that the parcel on the north would still meet, or exceed, the minimum lot size requirements for future redevelopment of the site. Peterson asked if the old building and the new building were about the same distance from Central Ave. Sargent told him they are about the same distance from Central, but the new building would be placed closer to 49th Avenue, as shown on the site plan. Peterson had a concern that the building may make the intersection look unbalanced, as the other buildings at that intersection are fmther away from the streets. Sargent explained that the placement of the building meets the requirements of the Zoning Ordinance. There was some discussion regarding the variation of building placement in that block along Central Avenue. Sargent stated the setbacks are all acceptable under the guidelines. Peterson questioned what the height requirement is for new buildings along Central Ave. Sargent stated that the guidelines require a 22 ft height so the buildings have a 2-story appearance. He explained that portions of the proposed building are less than the required height, but that it will have a varied height pattern with a tower that meets the height requirement, as noted in the Findings of Fact he already reviewed with commissioners. Peterson then asked about tile traffic flow and entrances/exits to the propelty. Sargent said they would be keeping the entrances off 49th Avenue that exist now, as MnDot would not allow another curb cut on Central Ave. He then reviewed the 12 foot drive through lane and "escape lane" that is planned to ease the traffic flow for the site. Peterson then asked if Border Foods had any plans for the parcel to nOlth. Barb Sclmeider from Border Foods stated they are trying to sell the parcel, but there are no offers on the table at this time. She stated that Border Foods has no plan to develop the property. Schmitt stated the plans seem consistent with other places in town and was happy that a workable compromise could be reached in the design of the building that also met the Design Guidelines for the most part. She then asked whether the alley that runs along the west side of this property would still be accessible. Sargent explained that one of the conditions is that the concrete alley will be restored in-kind as pmt of the project, and that it remain open as much as possible during the construction process. Fiorendino questioned what the lot size requirements were for the remaining parcel on the nOlth to ensure it could be developed at a later time. Sargent explained that tile pmTel in question is zoned GB which requires a minimum width of 40 feet. This parcel will have a width of 112 ft. after the subdivision. PLANNING & ZONING COMMISSION MINUTES PAGE 7 APRlL I, 2008 Fiorendino asked whether a Park Dedication fee would be required. Sargent stated that it would not be required as there isn't a new lot being created. Fiorendino then asked what the term "rain garden" meant. Sargent explained it is a method of providing some drainage for storm water on site. He said small depressions are made that are filled with soil or sand, and vegetation. It allows a place for rain water to drain into the ground rather than into the storm sewers. Thompson pointed out that condition #7 requires the alley to be accessible during constlUction, but at some point it will be closed to pour concrete to restore it to a useable state. He also suggested the apron width of the entrances be 8 ft rather than 6 ft. Sargent said the Engineering Dept. will review the plans and will be responsible for approving the design of the aprons. Public Hearing opened: Fiorendino asked Barb Schneider about the colors chosen for the building. She passed around the color palate that will be used on the proposed building. The members all had positive conmlents about the color choices. Public HeaTing Closed: Motion by Peterson, seconded by Fiorendino, to waive the reading of Resolution No. 2008-PZ04, there being ample copies available to the public. All ayes. Motion Passed. Motion by Peterson, seconded by Thompson, to adopt Resolution No. 2008-PZ04, being a resolution approving a site plan, for a Taco Bell restaurant located at 4900 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. All erosion control measures shall be installed and inspected by the City prior to any site activities begilming. 2. Prior to issuing a building permit, a Letter of Credit or cash escrow shall be provided to Public Works in the amount of $5,000 for erosion control & site restoration in accordance with the City storm water management code. 3. Applicant shall provide copies of MnDOT (Central Avenue-TH 65) and Anoka County (49th Avenue _ CSAH 4) review letters to the Engineering Department. Pleasc copy the City Engineer on any return correspondence. 4. Any revisions to the sidewalk in the Public ROW shall meet the most current ADA and City requirements for pedestrian ramps and grade. 5. The existing concrete alley shall be restored in-kind, full width, joint to joint, and shall meet City requirements. 6. A constlUction NPDES permit is required for the project. 7. Closure of the alley shown on the north property line is unacceptable. The alley must be accessible during constlUction. 8. The screening fence to the west of the alley is a requirement for the commercial property and should be brought to uniform condition. 9. A storm water management fee shall be paid by the applicant in order to mitigate the inadequate treatment of storm water. The City Engineer will determine the fee. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES PAGE 8 APRIL 1,2008 RESOLUTION NO. 2008-PZ04 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR A TACO BELL RESTAURANT AT 4900 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WIillREAS, a proposal (Case #2008-0401) has been submitted by Border Foods, Inc. to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4900 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a Taco Bell Restaurant located at 4900 Central Avenue. WIillREAS, the Planning Commission has held a public hearing as required by the city Zoning Codc on April 1, 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, traffic, 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 of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. 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 ifthe project has not been completed within one (1) calendar veal' after the approval date, subject to petition for renewal ofthe permit. CONDITIONS: 1. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 2. Prior to issuing a building permit, a Letter of Credit 01' cash escrow shall be provided to Public Works in the amount of $5,000 for erosion control & site restoration in accordance with the City Storm water management code. 3. Applicant shall provide copies of MnDOT (Central Avenue-TH 65) and Anoka County (49th Avenue- CSAH 4) review letters to the Engineering Department. Please copy the City Engineer on any return correspondence. 4. Any revisions to the sidewalk in the Public ROW shall meet the most current ADA ffild City requircments for pedestrian ramps and grade. 5. The existing concrete alley shall be restored in-kind, full width, joint to joint, and shall meet City requirements. 6. A construction NPDES pennit is required for the project. 7. Closure of the alley shown on the nmih property line is unacceptable. The alley must be accessible during construction. 8. The screening fence to the west of the alley is a requirement for the commercial property and should be brought to uniform condition. 9. A storm water management fee shall be paid by the applicant in order to mitigate the inadequate treatment of storm water. The City Engineer will determine the fee. PLANNING & ZONING COMMISSION MINUTES PAGE 9 APRIL I, 2008 Passed this I <t day of April 2008, Offered by: Peterson Seconded by: Thompson Roll Call: All ayes 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 of this resolution as outlined above. Date Barb Schneider Motion by Peterson, seconded by Schmitt, that the Planning COllliuissiou reconmlends the City Council approve the minor subdivision for the propelty located at 4910 Central Avenue to aid in the construction of a new Taco Bell building located at 4900 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. In conjunction with the issuance of a demolition permit for the building at 4900 Central Avenue, the applicant shall obtain a demolition permit for the building located at 4910 Central Avenue. The demolition of the existing car wash at 4910 Central Avenue shall occur prior to the issuance of a building permit for the construction of the new Taco Bell building. The applicant shall also restore the ground layer at 4910 Central A venue with seed or sod. All ayes. MOTION PASSED. The following Resolution will go to the City Council at the April 14th meeting. RESOLUTION NO. 2008-XX RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR BORDER FOODS, INC. WHEREAS, a proposal (Case No. 2008-0401) has been submitted by Border Foods, Inc. to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 4910 Central Avenue 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 llild recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the cOl1l1nunity 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 April I, 2008. PLANNING & ZONING COMMISSION MINUTES PAGE 10 APRIL I, 2008 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Colnmbia Heights after reviewing the proposal, that the City Conncil accepts and adopts the following findings of the Planning Commission: I. The proposed subdivision of land will not result in more than tiu'ee lots. 2. The proposed subdivision of land 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 property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The propos cd subdivision does not hinder the conveyance of land. 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 of the design standards specified in the ~9.l14. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part ofthis subdivision approval. CONDITIONS: 1. In conjunction with the issuance of a demolition permit for the building at 4900 Central Avenue, the applicant shall obtain a demolition permit for the building located at 4910 Centml Avenue. The demolition of the existing car wash at 4910 Central Avenue shall occur prior to the issuance of a building permit for the construction of the new Taco Bell building. The applicant shall also restore the ground layer at 4910 Central Avenue with seed or sod. CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0402 Crosstown Eatel")' 5025 Central Avenue Site Plan Approval for signage INTRODUCTION At this time, Ram Kumar, is requesting a site plan approval for new signage for the Crosstown Eatery restaurant, located at 5025 Central A venue. Crosstown Eatery has taken over the building once occupied by Denny's Restaurant, and would like approval for new signage. The proposal includes the installation of a new monument sign, as well as new wall signage for the building. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Conul1ercial related activities. One of the goals of the Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment of targeted areas within the community, by enhancing the image and viability of the Central Avenue corridor. One way to accomplish this goal is for the businesses along Central A venue to conform to the Design Guidelines for commercial-related activity. By using a monument sign instead of the pylon sign, Crosstown Eatery's signage plan would be consistent with the Design Guidelines, and thus consistent with the Comprehensive Plan. PLANNING & ZONING COMMISSION MINUTES PAGE 11 APRIL 1, 2008 ZONING ORDINANCE The property is located in the General Business District (GB), as are the properties to the north, south and west. The properties to the east are zoned R-2A, One and Two Family Residential. The subject parcel is also located within the Design Overlay Highway District, and is subject the regulations for such propeliies. Sargent explained the former Denny's Restaurant incorporated the use of a pylon sign in their signage scheme. The Design Guidelines do not allow the use of pylon signs, instead requiring the use of monument signs for any type of freestanding signage. For this reason, the existing pylon sign is considered a legally non-conforming sign. The Zoning Code does not allow for any type of alteration to preexisting legally non-conforming signs. This would require the applicant to remove the existing pylon sign and replace it with a monument sign. The applicant is aware of this ordinance and has submitted plans indicating the use of a monument sign on the property. The City Code at Section 9.106 (P)(12) states that monument signs in the GB District shall be limited to 40 square feet per side, and ten (10) feet in height if the overall building height is a minimum of22 feet. Monument signs must also be located a minimum offive (5) feet from all property lines. The applicant's sign plan indicates that the monument sign will be nine (9) feet in height and 40 square feet in area. The site plan for the sign also indicates that the monument sign will be located five (5) feet from the front property line. Signage on the building is limited to two square feet of signage for each one foot of building frontage along Central A venue, and is capped at 200 square feet for the entire building. The restaurant has 64.5 feet of frontage along Central Avenue, giving the restaurant a maximum of 129 square feet of signage. The sign plan indicates that the restaurant will utilize three wall signs, totaling 94 square feet in area. DESIGN GUIDELINES SIGNAGE. The Design Guidelines prohibit the use of pylon signs and require that all monument signs be constructed of materials compatible with those that are used on the principal structure. The proposed plans indicate that the monument sign's base will be constructed of cedar trim and painted to match the building. The Design Guidelines also prohibit internally lit box signs. The proposed monument sign and wall signs incorporate gooseneck lighting used to cast illumination on the signs, which would be consistent with the intent of the Design Guidelines. FINDINGS OF FACT Site Plan Approval Section 9.104 (M) requires that the Plamling and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan meets all the Design Guidelines standards for monument signs and wall signs in relation to the color of the sign and the types of materials used to construct it. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed sign plan is consistent with the Comprehensive Plan, as it is consistent with the Design Overlay Highway District. PLANNING & ZONING COMMISSION MINUTES PAGE 12 APRIL 1,2008 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plmlminimizes any adverse impacts on propelty in the inunediate vicinity and the public right-of-way. The proposed signage meets all the minimum setback requirements and all Design Guideline requirements. For this reason, the property in the immediate vicinity should not be adversely impacted. The signage plan conforms to all standards outlined in the Design Guidelines, therefore, staff recommends approval of the site plan for Crosstown EatelY, located at 5025 Central Avenue. Questions by members: Szurek questioned since the ownership of the property changed whether they would be required to chffilge the color scheme of the building so it conforms to the Design Guidelines. Sargent said they have not proposed making any changes to the exterior of the building, ffild are not required to do so. She asked when they planned to open mld Smgent told them Thursday, April 3, 2008. Fiorendino asked whether the wall sign is considered a permanent sign since it has changeable lettering that Cffil be inserted. Smgent explained that it is a permanent sign similar to the one Sarna's has. Schmitt conmlented that the avenue is starting to look more attractive as mffilY of the Pylon signs are being replaced with monument signs. Public Heming Opened. No one was present to speak on this matter. Public Hearing Closed. Motion by Fiorendino, seconded by Thompson, to waive the reading of Resolution No. 2008-PZ05, there being mnple copies available to the public. All ayes. MOTION PASSED. Motion by Fiorendino, seconded by Sc1unitt, to adopt Resolution No. 2008-PZ05, being a resolution approving a site plan for Crosstown Eatery, located at 5025 Central Avenue. All ayes. MOTION PASSED. RESOLUTION NO. 2008-PZ05 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR SIGNAGE FOR THE CROSSTOWN EATERY RESTAURANT WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0402) has been submitted by Ram Kumar to the Planning and Zoning Commission requesting a site plan approval from the City of Colnmbia Heights at the following site: ADDRESS: 5025 Central Avenne LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for signage for the Crosstown Eatery restal1l'ant located at 5025 Central Avenue. PLANNING & ZONING COMMISSION MINUTES PAGE 13 APRllo I, 2008 WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April I, 2008; WHEREAS, the Platming and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site platl is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. FURTHER, BE 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. Passed this I" day of April 2008, Offered by: Seconded by: RollCall: Fiorendino Schmitt All ayes 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 of this resolution as outlined above. Ram Kumar Date PLANNING & ZONING COMMISSION MINUTES PAGE 14 APRIL 1,2008 Sargent stated that the EDA met earlier this evening with Developer -CROS Companies, whereby they approved a Development Agreement for the property at 3700-3722 Central Avenue. The original Site Plan and Variance request submitted by CROS was withdrawn. He is making some modifications to the Site Plan and will re-submit it for the Mayor June meeting. The following case is for the P & Z Commission to aclmowledge that the transfer of property does comply with the Comprehensive Plan. CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0403 City of Columbia Heights 3700-3722 Central Avenue Comprehensive Plan Compliance BACKGROUND Minnesota State Statute 9462.356, subd. 2 requires that if a city has a Comprehensive Plan, it may not acquire or dispose of any property until the City's Planning Commission has reviewed the proposed acquisition and reported on whether it will comply with the City's Comprehensive Plan. The properties at 3718 and 3722 Central Avenue are currently owned by the City and will be transferred to the Economic Development Authority (EDA) prior to the land being sold to CROS Companies for a redevelopment project. The Comprehensive Plan guides this area for commercial use. Staff has reviewed the proposed use of land and has determined that a retail center is consistent with the Comprehensive Plan in this regard, and recommends the commission pass the following resolution. Fiorendino clarified that the City is transferring this property to the EDA, who in turn, will transfer it to CROS Companies for a connnercial redevelopment of retail space. Sargent confirmed that is correct. Motion by Thompson, seconded by Peterson, to waive the reading of Resolution No. 2008-PZ06, there being ample copies available to the public. All ayes. MOTION P ASSSED. Motion by Thompson, seconded by Peterson, to adopt Resolution No. 2008-PZ06, being a resolution aclmowledging that the proposed use ofland located at 3718 and 3722 Central Avenue complies with the City's Comprehensive Plan. All ayes. MOTION PASSED. RESOLUTION NO. 2008-PZ06 RESOLUTION OF THE PLANNING AND ZONING COMMISSION ACKNOWLEDGING THE PROPOSED USE OF LAND AT 3718 AND 3722 CENTRAL AVENUE COMPLIES WITH THE CITY'S COMPREHENSIVE PLAN WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0403) has been submitted by the City of Columbia Heights to the Plamling and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 3718-3722 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Acknowledgment that the proposed use of land at 3718 and 3722 Central Avenue complies with the City's Comprehensive Plan. PLANNING & ZONING COMMISSION MINUTES PAGE 15 APRIL 1,2008 WHEREAS, the Planning Connnission has held a public hearing as required by the city Zoning Code on April 1, 2008; WHEREAS, the Planning and Zoning Commission has considered the advice and reconnnendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Plmming and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Plmming and Zoning Commission acknowledges that the proposed use of land at 3718 and 3722 as a retail center complies with the City's Comprehensive Plan designation for that area as "Commercial". Passed this 1 5t day of April 2008, Offered by: Thompson Seconded by: Peterson Roll Call: All ayes CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hmlson NEW BUSINESS None OTHER BUSINESS Sargent reported progress is being made on the Comprehensive Plan update. Staff is in the process of establishing goals for our City for the next 10 years based on input received. These will be passed on to the consultant for review. If they are fonnd to be acceptable, they will be brought to ajoint meeting of the Plarming & Zoning Commission and the City Council. Thompson stated he would like to have ample time to review them prior to the meeting. Sargent said the goals will be listed and the sections they affect will be noted to make the review easier. The meeting was adjourned at 8:00 p.m. Respec1lully submitted, [::::{ ha-lliLy ~A~dV\. S~r~y Hanson <J -