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Home My WebLink AboutJuly 1, 2008 CITY OF COLUMBIA HEIGHTS MEMBERS: Marlaine Szurek, Chair Donna Schmitt Rob Fiorendino Mike Peterson David Thompson 590 40th Avenue N.E., Columbia Height" MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www.ci.columbia-heights.f1lfl.us PLANNING AND ZONING COMMISSION MEETING 7:00 PM TUESDAY, JULY 1, 2008 CITY HALL COUNCIL CHAMBERS 590 40TH AVENUE NE l.RolI Call 2.Approve Minutes Of June 3, 2008 3.Public Hearings: Case #2008-0701 Site Plan 4355 Central Avenue Varibest Printing 4.New Business 5,Other Business 6.Adjoum The Responsibility of the Planning Commission is to: . Faithfully serve the public interest. . Represent existing and future residents, and base our decisions and recommendations on the Comprehensive Plan and Zoning Ordinance. . Recognize the rights of citizens to participate in platllling decisions. . Protect the natural environment and the heritage of the built environment. . Exercise fair, honest, and independent judgment. . Abstain fi'om participation when they may directly or indirectly benefit from a planning decision. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING JUNE 3, 2008 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Connnission Members present- Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hauson (Secretary). Motion by Fiorendino, seconded bySchmitt, to approve the minutes from the meeting of May 6, 2008. All ayes. MOnON PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0601 DeMars Signs 4110 Central Avenue Site Plan Approval for signage INTRODUCTION At this time, DeMars Signs is requesting a site piau approval for new signage for a tenant at 4110 Central Avenue. The tenant space had been vacant for some time aud is now occupied by Checks Cashed. The proposed new signage for the tenant space requires a site plan approval because the property is located within the Design Overlay Central Business District. COMPREHENSIVE PLAN The Comprehensive Piau guides this area for Commercial related activities. Propelties in this area must also conform to the Design Guidelines. The proposed sign plan meets all the requirements of the Design Guidelines, aud for this reason is consistent with the Comprehensive Piau. ZONING ORDINANCE The propelty is located in the CBD, Central Business District, as are the propelties to the nOlth and south aud east. The properties to the west are zoned R-4, Multiple Family Residential. The subject parcel is also located within the Design Overlay Central Business District, and is subject to the regulations for such properties. The City Code at Section 9.106 (P)(l2) states that total signage in the CBD District shall not exceed two square feet for each front foot oftenffilt space provided in the multi-tenant building. The tenaut space occupied by Checks Cashed is 22 feet in width. For this reason, the total ffinount of signage allowed for the tenant is 44 square feet. The applicant's sign plan indicates one wall sign totaling 19 square feet in area, meeting the minimum sign code regulations. DESIGN GUIDELINES SIGNAGE. The Design Guidelines prohibit internally lit box signs. The proposed wall sign consists of chmmelletters on a raceway, and is internally illuminated. The Design Guidelines allow for intemally lit channel letters, and therefore the sign plan meets the m.inimum requirements. PLANNING & ZONING COMMISSION MINUTES PAGE 2 JUNE 3,2008 FINDINGS OF FACT Site Plan Approval Section 9.104 (M) requires that the Plmming 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 mticle The proposed site plan meets all the Design Guidelines standards for 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 Central Business District. 3. The site plan is consistent with any applicable area plml. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the inunediate vicinity and the public right-of-way. The proposed signage meets all the minimum square footage 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 the Checks Cashed located at 4110 Central Avenue. Ouestions by members: Schmitt cOlmnented that several signs on that building never came before the Conunission for approval. Sargent said maybe they were installed before the Design Guidelines were established or before the policy was changed requiring signage in that district to come before the conunission for approval. Sclunitt brought up the exmnple of the Hair Styling business that she thought recently put up a box sign, and that it never cmne before the commission. Sm'gent stated he would check on it and report back to the commission. He reminded members that if they re- faced an existing sign, it would not have to be approved by the commission. Public Hearing Opened: No one was present to speak on this. Public Hearing Closed: PLANNING & ZONING COMMISSION MINUTES PAGE 3 JUNE 3, 3008 Motion by Fiorendino, seconded by Schmitt, to waive the reading of Resolution No. 2008-PZ09, there being ample copies available to the public. All ayes, MOTION PASSED. Motion by Fiorendino, seconded by Schmitt, to adopt Resolution No. 2008-PZ09, being a resolution approving a site planfor Checks Cashed located at 4110 Central Avenue. All ayes. MOTION PASSED. RESOLUTION NO. 2008-PZ09 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR SIGNAGE AT 4110 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0601) has been snbmitted by DeMars Signs to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at 111e following site: ADDRESS: 4110 Central Avenue LEGAL DESCRIPTION: On file at Cily Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for signage for Checks Cashed located at 4110 Central Avenue. WHEREAS, 111e Planning Commission has held a pnblic hearing as required by the city Zoning Code on June 3, 2008; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of 111e City staff regarding the effect of the proposed site plan upon the health, safely, and welfare of 111e community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger offn'e, and risk to public safely 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 ofthis 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 properly in the immediate vicinity and the public right-of- way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become pmt of 111is permit and approval; m1d in granting this permit the city and the applicant agree that this permit shall become nnll and void if the project has not been completed within one (1) calendar veal' after the approval date, snbject to petition for renewal of111e permit. Passed this 3rd day ofJune 2008, Offered by: Seconded by: RollCall: Fiorendino Schmitt All ayes CHAm. MarIaine Szurek Attest: SECRETARY, Shelley Hanson PLANNING & ZONING COMMISSION MINUTES PAGE 4 JUNE 3, 2008 CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0602 CROS Companies, Chris Little 3700 Central Avenue Scrcening Variance, Sitc Plan Approval INTRODUCTION At tills time, CROS Comp<Ulles is requesting a site plan approval for a 9,349 square foot neighborhood retail center located at the northwest corner of 37'h Avenue and Central Avenue. The subject property consists of five separate parcels of land, totaling approximately 0.65 acres. The three nOltherly properties are cmrently owned by the City of Columbia Heights and the southerly two propelties are cmrently owned by Golden Holdings, LLC. As of May 5, 2008, CROS Companies has a pmchase agreement with Golden Holdings, LLC to acquire the southerly two parcels, consisting of approximately 11,800 square feet. In addition, CROS Companies has a Preliminary Development Agrecment with thc City of Columbia Heights for the northerly three parcels, consisting of the bal<Ulce of the site. The subject property is currently occupied by the fonner Chutney's restaurant, built in 1914, <Uld owned by Golden Holdings, LLC. The remainder of the site is currently unoccupied, but was once the location for the Beecroft building and two single-family residences. This area has been designated as a primmy redevelopment site by the City Council. The proposed project will consist of one contiguous building, which will contain a tenant mix of three to seven businesses, ranging in size from 1,200 square feet to 6,500 square feet, depending on the user. The applicant is also rcquesting a variance to the screening requirements outlined in the Zoning Code. Per code section 9.106 (M)(5)(a), all off-street parking meas containing six or more parking spaces <Uld located adjacent to a residential or residentially zoned property, shall be screened along the boundary with the residential use. Required screening shall consist of a fence, wall, emthen benning and/or vegetation no less than six feet in height and no less than 80% opaque on a year round basis. The properties to the west are residentially zoned and screening would be required to shield those properties from the pmking mea. The vmiance requested by the applicant would waive the 80% opacity requirement. COMPREHENSIVE PLAN The Comprehensive Plan guides the property as COlmnercial. The proposed retail center is consistent with the types of uses allowed in all cOlmnercially zoned areas of the City. ZONING ORDINANCE The propelty located at 3700 Central Avenue is zoned GB, General Business, as are the properties to the nOlth and east. The propClties to the west are zoned R-3, Multiple Family Residential, and the propelty to the south is located in the City of Minneapolis. The subject propelty 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. PARKING. Properties located in the GB, General Business District are required to provide one (1) parking stall for each 300 square feet of gross floor area for retail entities. The total amount of retail space provided by this development is 9,349 square feet, which requires a minimum of 28 parking stalls. The site plan indicates a total of 34 on-site parking stalls, meeting the city's requirements. PLANNING & ZONING COMMISSION MINUTES PAGE 5 JUNE 3, 2008 LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street ii-ontage or fraction thereof. Parking areas shall also have a minimwn of one over-story tree for each 20 spaces or fi'action thereof as well. The pro~erty at 3700 Central Avenue has approximately 367 feet of street frontage along Central Avenue and 37" Avenue, and incorporates 34 pm-ldng stalls. This requires seven regular trees and two over-story trees. The proposed plans indicate a total of 15 trees, five of which are over-story trees, meeting the City's minimum requirements. STORMWATER MANAGEMENT. The subject property is less than one acre in size, which means that on-site stormwater ponding is not required. However, the propelty is still required to control the rate of rainwater run-off from the property. The water fi'om tlns property will be diverted SOUtll towards catch basins located in 37'h Avenue. The rate of rWl-off will be controlled with the installation of grass islands contailUng a rain garden and heavy landscaping on the south side of the property. DESIGN GUIDELINES The property at 3700 Central Avenue is 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 m-eas of interest are as follows: BUILDING PLACEMENT. Buildings should have a well-defined front fayade with primm-y entrances facing the street. At intersections, buildings should "hold the corner" - tlmt is, have street facades at or near the sidewalk on both streets. The building at 3700 Central Avenue will be placed very near the intersection of Central and 37'h Avenues. The proposed placement of the building meets tlle Design Guidelines for the district. BUILDING I-IEIGHT. All buildings shall have a minimWll cornice height of 22 feet, in order to give the impression of a two-storied structme. The building for tins project measmes 22 feet in height, meeting this requirement. PRIMARY FACADES. Buildings should have a well-defined base, middle and top. The base, or ground floor, should appear visually distinct from tlle upper stories, tll1'0ugh the use of a change in building materials, window shape or size, and intermediate cornice line, an awning, or similar teclmiques. The base of the proposed building incorporates windows and brick colunms. The upper level is visually distinct from the lower level tlu'ough the use of awnings and a change in building material from brick to EIFS. BUILDING MATERIALS. The building will incorporate, brick, glass, and EIFS, which are all acceptable building materials for the district in which the building is located. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City to grant a variance. They are as follows: PLANNING & ZONING COMMISSION MINUTES PAGE 6 JUNE 3, 2008 a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The developer held a neighborhood meeting with the residents abutting the public alley adjacent to the proposed development. A concern that the residents had regarding a six-foot, 80% opaque fence revolved around security. A screening fence would create a "wall effect" along that portion of the alley, and would also greatly diminish potential areas used for snow removal. A concern that a fence would invite a place for people to hide behind or congregate was also the neighborhood's concern b) The conditions upon which the variance is based are unique to the specific pm'cel of ImId involved and are generally not applicable to other properties within the same zoning classification. The subject parcel is located on the border of Minneapolis and Columbia Heights and is adjacent to a residentially zoned parcel. Although there are other land situations similar to the subject parcel, this parcel is unique in that it is a corner lot with a lot depth of 1 09 feet. These conditions put an imposition on the property regarding the location of the building and parking area, leaving the only location of parking lot screening directly adjacent to the alley. c) The difficulty or hardship is caused by the provisions of this m'ticle and has not been created by ffilY person currently having a legal interest in the property. The City Code requires the parking lot screening and also requires the proper setbacks for the parking lot and structures on the property. No person having a legal interest in the property has caused the hardship. d) The granting of the variffilce IS in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides the property as Commercial. The proposed retail center Is consistent with the types of uses allowed In all commercially zoned areas of the City. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value ofpropel'ty or improvements in the vicinity. The granting of the variance will ensure the public welfare by eliminating a potential dangerous situation by increasing visual slght/ines for motor vehicle traffic, as well as eliminating the creation of a hiding spot for individuals along the public alley. 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 ofthis article. The site plan meets all setbacks, building density, and parking criteria pertaining to the Zoning Code. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. PLANNING & ZONING COMMISSION MINUTES PAGE 7 JUNE 3, 2008 The Comprehensive Plan guides the property as Commercial. The proposed retail center is consistent with the types of uses allowed in all commercially zoned areas of the City. c) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the inmlediate vicinity and the public right-of-way. The proposed site plan meets all applicable 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. The site involving the proposed development has been a redevelopment priority for the City of Columbia Heights and provides an additional 10,000 square feet of retail development along the major commercial corridor of Columbia Heights. The proposed plans for the constl'Uction of the new building meet all zoning and design guideline requirements. For these reasons, staff recommends approval of the variance to section 9.106 (M)(5)(c) as well as approval of the site plan for 3700 Central Avenue. Ouestions fi'om members: Peterson asked for clarification on the need to place the building so close to Central Ave and 37tl1 Ave, being tillS is a corner lot. Sargent explained tlmt there are tln'ee districts 1l1lder the Design Guidelines, and each one has different criteria. They are the CBD district (Central Ave fi'0l11 37th - 43rd), the Highway district (Central Ave from 43rd_53rd), and the 40th Ave district (University to Central). The CBD district is also known as the Downtown District. In that area, the desire is to have the buildings located close to tile street to ma!ce them pedestrian friendly and encomage walking traffic. Parking will be provided in the rear. The main access to the buildings will be in the front, however, the developer stated access will also be provided in the rear of the building. Peterson was also concerned about lighting of the parking lot area and that it could be intmsive to tile residential prope1ties across tile alley in the rear. Sargent said the lighting plan was not part of tills submittal, but that tile foot candle requirements of the code would still need to be met. CIll'is Little, tile developer, stated he had submitted a lighting plan earlier, but it was not lllcluded in the packet for tills meeting. Peterson questioned the entrance and exit plan of the site and if headlights would shine into the propelties to the west of the site. Sargent said the screening should reduce that from being a problem. He said that there may be some car headlights directed towards these prope1ties, but that is the rear of those properties and there are mostly detached garages along the alleyway. Chris Little, also reviewed the entrance and exit pattern they hope to create on tillS site and that signs will be installed to encomage a s11100th traffic flow. The plan is for vehicles to enter on the south entrance and to exit out the nOlth opening, and to continue north tln'ough the alleyway. PLANNING & ZONING COMMISSION MINUTES PAGE 8 JUNE 3, 2008 Schmitt asked the developer if a patio area was still part of the plan. He stated that plans have changed from the initial one he had for the site and he isn't planning one at this time. Parking restrictions limited that, and since there will not be a sit down restaurant, this shouldn't be an issue. He explained that the businesses located at this site will be quick stop, retail space. She asked if the sidewalk would go around the building from the parking area, and Chris stated, it would. Schmitt was happy to hear he had met with the residential neighbors of this site to discuss the best way to screen this site. She understood the reasoning to use the trees and garden areas as screening rather than the required fencing, and agreed it may be a better plan to keep the parking area more visible. Fiorendino asked that Sargent define what the hardship would be which is required to allow a variance. Sargent said that due to the location of the property and the size of the site, the requirement for fencing to screen the site is difficult to do and creates a safety concern for patrons and neighboring propelty owners. The fence would make it difficult for snow removal, for accessing the property, and for deliveries to be made. The fence would create a potentially unsafe area allowing for undesirable activity if not easily visible. Staff, the developer, and the neighbors all agreed on this issue. There was a discussion regarding future signage for the businesses that will be located in tlus retail center. Sargent explained that the commission could make a decision to allow staff to review and approve all signage requests and to ensure they meet the requirements of the code. This would speed up the process and would eliminate the need to bring signage requests to the PI31U1ing Commission. It doesn't hold up requests for new construction projects such as this, but it does hurt new businesses moving into already established sites. Thompson was concerned about setting precedence in granting a variance allowing an alternative solution to the fence screening requirement. He wanted to hear from the neighbors themselves that they agree to the "no fencing" approach. He asked if 311yone in the audience wanted a fence, and no one present did. Szurek was comfortable granting this variance and felt it is something that can be decided on a case by case basis as development occurs. Public I-Iearing Opened: Sandy Popa of 3812 Van Buren St said she is not concerned about the lighting or fencing issues. She is more concerned about possible empty store-fronts once it is built 311d how it would affect property taxes. And she was concerned about deliveries and additional congestion in the alley. Sargent responded that it will not have an affect on her taxes at all. The property owner is still responsible for keeping his taxes current whether he has tenants in the spaces, or not. Chris Little said that most of the deliveries will be made by smaller box trucks in the parking lot. Any occasional semi trucks would need to park in the alley to unload as they cannot access the parking lot due to size of the site. Nancy King of 3717 Van Buren St said she is in favor of the re-development and she wanted to go on record that she does not want a fence installed as it would create more problems than not having one. She expressed her appreciation of the developer holding the neighborhood meeting to get the input of the residents abutting this development. Peterson asked her if she would be bothered by huck traffic or lighting issues. She said she would not. PLANNING & ZONING COMMISSION MINUTES PAGE 9 JUNE 3, 2008 Steve Poppa of 3812 Van Buren St. asked if there would be spots reserved for handicapped individuals. . Sargent said the plan designates two spots on the north end of the site. Poppa then noted that it only shows thl"ee doors in the rear. Szurek responded that the drawing is conceptual at tins point, as they aren't sure how many spaces (doors) will be needed in the building. Bill Johanneck of3713 Van Buren St stated he is in favor of the re-development. There have been all kinds of problems on that site and he thinks if the new site is fenced, it would encourage the bad activity to continue. Wendy Howell of 3711 Van Buren St brought pictures of plants that may grow on that site. She said the plan to grow grass there will not work. Szurek stated that the garden and grass areas are designed for draining rainwater on the site. She said the green meas will be designed by professionals using plants and shrubs that will work for that site. Ms. Howell also agreed with the "no fence" option, but said she is conce1'lled that trucks will block access to their properties. Peterson thanked developer, Cln'is Little, for putting forth the effort to involve the neighbors in his plmming process. Public Hearing Closed: Motion by Thompson, seconded by Peterson, to waive the reading of Resolution No. 2008-PZIO, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Thompson, seconded by Peterson, to adopt Resolution No. 2008-PZIO, being a resolution approving a site plan for a new retail center located at 3700 Cenh'al Avenue. All ayes. MOTION PASSED. RESOLUTION NO. 2008-PZIO RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR A RETAIL CENTER AT 3700 CENTRAL AVENUE WITHlN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0602) has been submitted by CROS Companies to the Pla1Jl1ing and Zoning COlmnission reqnesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 3700 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a retail center at 3700 Central Avenue. WHEREAS, the Plmming Commission has held a public hearing as required by the city Zoning Code on June 3, 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, mld welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, dmlger offu'e, atld risk to public safety in the surrounding areas; and PLANNING & ZONING COMMISSION MINUTES PAGE 10 JUNE 3, 2008 NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: I. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the 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 )'d day of June 2008, Offered by: Seconded by: RollCall: Thompson Peterson All ayes CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson Motion by Thompson, seconded by Peterson, that the Planning Commission recommends that the City Council approve the variance to code section 9.106 (M)(5)(c), waiving the 80% opacity requirement for screening a parking lot for the property located at 3700 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 application materials, maps, drawings and descriptive information submitted with the application shall become part of the permit. 2. The six (6) Shaunting Maples indicated on the landscape plan shall be kept in good condition and shall act as a screening mechanism. 3. The island in which the Shaunting Maples are located shall be landscaped with grass and/or other natural landscape materials All ayes. MOTION PASSED. The following Resolution will go to the City CouncllJune 9, 2008. PLANNING & ZONING COMMISSION MINUTES PAGE II JUNE 3, 2008 RESOLUTION NO. 2008-XX RESOLUTION APPROVING A V ARlANCE FROM CERTAIN CONDITIONS OF nm CITY OF COLUMBIA HEIGHTS ZONING CODE FOR CROS COMPANillS WHEREAS, a proposal (Case # 2008-0602) has been submitted by CROS Companies to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3700 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWJNG RELIEF: A variance to waive the 80% opacity requirement for a screening mechanism per Code Section 9.106 (M)( 5)( c). WHEREAS, the Plamling Commission has held a pnblic hearing as required by the City Zoning Code on June 3, 2008; WIffiREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concel11 related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: I. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel ofland involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (I) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: I. All application materials, maps, drawings and descriptive information submitted with the application shall become patt ofthe permit. 2. The six (6) Shaunting Maples indicated on tile landscape plan shall be kept in good condition and shall act as a screening mechanism. 3. The island in which the Shaunting Maples are located shall be landscaped with grass and/or other natural landscape materials. PLANNING & ZONING COMMISSION MINUTES PAGE 12 JUNE 3, 2008 CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0603 Nelson Building and Development 4707 Central Avenue Conditional Use Permit for Pat'king Ramp, Site Plan Approval INTRODUCTION At this time, Nelson Building and Development is requesting a Conditional Use Permit for a 219-stall parking ramp and a Site Plan approval for approximately 55,000 square feet of retail and commercial space located at 4707 Central Avenue. Originally, this property was included as part of the Grand Central Lofts development mld has always been planned for commercial development. The current owner of the Grand Central Lofts sold the commercial component to Ehtesham IUlOyratty, who will take over the development responsibilities for this parcel. The plans include two, two-story retail/commercial buildings. The nOlthern building will contain a 17,000 square foot Aldi's grocery store on the first floor, with approximately 16,700 square feet of office space above it. A 5,200 square foot Buffalo Wild Wings will anchor the building to the south, with approximately 10,000 square feet of office space on the second floor. Located between the Aldi's grocery store and Buffalo Wild Wings, is enough tenant space for up to two additional retail stores, with the possibility of another restaurant occupying one of the spots. The 219-stall parking ramp will be a two-level stmcture and will serve the entire development. The ram~ will be located behind and adjacent to the buildings with access from Grand Avenue to the east, 47'1 Avenue to the south and Central Avenue to the west. It is anticipated that the first level of the parking ramp will serve the retail component of the development, while the second floor of the ramp will serve the office users. COMPREHENSIVE PLAN The Comprehensive Plan designates the propelty as Transit Oriented Development. 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 4707 Central Avenue NE is zoned MXD, Mixed Use Development District, as are the properties to east. The property to the north is zoned GB, General Business and the properties to the south are zoned R-3, Multiple Family Residential. The City of Hilltop is located to the west. PARKING RAMP. The Zoning Code at Section 9.112 (D)(2) allows for parking ramps as a Conditional Use in the MXD District. The Specific Development Stmldards at Section 9.107 (31) state the criteria in which the parking ramp must meet. These standards state the following: a) Parking ramp structures shall meet the setback requirements for a principal structure in the zoning district in which the use is located. The property is located in the MXD, Mixed Use Development District. The setbacks in this district are regulated by the final site plan and development agreement approved by the City Council based on the fact that the proposed setbacks provide adequate distances ji'om uses in adjacent districts, and that the setbacks maintain and enhance the character of the neighborhood in which the mixed- use development is located. PLANNING & ZONING COMMISSION MINUTES PAGE 13 JUNE 3, 2008 Given these standards, the setback of the parking ramp shall be determined through the site plan approval by the City Council. Staff recommends approval of the suggested parking ramp setback, as it provides the best access to the site and blends in with the surrounding topographic features. b) Exterior fayade materials shall be compatible with surrounding buildings. The parking ramp design is included with the overall design package for the development. The parking ramp is integrated into the development and serves both the first and second floors of the buildings simultaneously. Because the parking ramp has been designed as an integral part of the development, it shares the same building materials and architectural features as the surrounding buildings. PARKING REOUIREMENTS. The Zorling Code requires one (1) parking stall for each 300 square feet of gross office/retail space and enough pat'lcing to accommodate 30% of a restaurant's seating capacity. The proposed development includes approximately 49,000 square feet of office/retail space and the Buffalo Wild Wings restauratlt will have a seating capacity of 228 patrons. In total, this requires 215 pal'king stalls. The development, which includes the two-story parking ramp, provides for 219 on-site parking stalls. Twelve parking stalls adjacent to Central Avenue were proposed, but dertied by MN DOT. LANDSCAPING. The City Code requires latldscape platlS that include a minimum of one tree for every 50 feet of street frontage or fi'action thereof. Pat'king al'eas shall have a mininmm of one over-story tree for each 20 spaces or fraction thereof as well. The property at 4707 Central Avenue has approximately 1,000 feet of street frontage along Central Avenue, 4 7'11 Avenue and Grand Avenue, and incorporates 219 paI'lcing stalls. This requires 20 1Tees and 11 over-story trees. The proposed plalls indicate a total of 31 trees, 26 of which are over-story trees, meeting the City's mirtimmn requirements. STORMW A TER MANAGEMENT. Roughly 50% of the stormwater fi'Oln this site will be collected in ail undergroill1d infiltration system, with the remainder diverted to the City's storm sewer pipe located in Central Avenue. The City is currently worlcing with the developer in order to upsize the diallleter of the storm sewer pipe, which is currently at capacity use. SIGNAGE. Signage for the development shall meet the minimum city requirements for size, location and illumination. Signage shall be limited in size to two square feet of signage for each fi'ont foot of tenant space for each tenant, not to exceed 100 square feet per tenant. The Design Guidelines do not allow for internally illuminated box signs, but do allow for internally illuminated chamlelletters, backlit signs and halo-lit signs. The proposed development currently has two tenants, namely Aldi's and Buffalo Wild Wings. In order to approve new signage for the building, each new tenant would need to apply for aIld receive Site Plan approval when they occupy a new tenant space. In order to save time, staff reconmlends that the Plaill1ing Connnission approve a sign plan for the development that would meet the City's minimum standal'ds. This would allow new tenallts of the development to receive a sign permit without needing an additional site platl approval for signage. DESIGN GUIDELINES The property at 4707 Central Avenue is located in the Design Overlay Highway District and is subject to a set of specific development standards as outlined in the Design Guidelines. Some of the following at'eas of interest are as follows: PLANNING & ZONING COMMISSION MINUTES PAGE 14 JUNE 3, 2008 BUILDING PLACEMENT. Buildings shall have a well-defined front fayade with entrances facing the street. Larger buildings may be oriented perpendicular to the street provided that at least one entrance facing the street is provided. The proposed buildings will be oriented so that their well-defined front facades face Central Avenue. The Aldi's building will be perpendicular to Central Avenue, but the main Aldi's entrance will face the street. BUILDING HEIGHT. All buildings shall have a minimum cornice height of22 feet, in order to give the impression of a two-storied structure. The two buildings making up this development are both two-storied structures, meeting this criterion. PRlMARY FACADES. The base or ground floor of the building should include elements that relate to the human scale, including texture, projections, doors and windows, awnings, canopies or ornamentation. The proposed building incorporates all of these criteria, giving an appropriate mix of window coverage, projections, awnings and ornamentation suitable for the pedestrian scale. BUILDING MATERlALS. The building will incorporate rock face block, brick, stone, pre-finished metal panels and EIFS, which are all acceptable building materials for the district in which the building is located. FINDINGS OF FACT (Conditional Use Pel'mit) 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 tlle property is located, or is a substantially similar use as determined by the Zoning Administrator. The MXD, Mixed Use Development District allows for any permitted or conditional use allowed in any of the commercial districts throughout the city. Parking ramps are conditional uses in the CBD, Central Business District. (b) The use is in harmony Witll the general purpose and intent ofthe comprehensive plan. The Comprehensive Plan designates the property as Transit Oriented Development. 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 propelties. The parking ramp is located on the back of the property and will be at the same grade level as Grand Avenue to the east. The incorporation of the design of the parking ramp into the rest of the development will considerably diminish any negative impacts to the surrounding 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 will not be diminished as a result of the construction of the parking ramp. The parking ramp will serve the general public wishing to use the services provided by the development. PLANNING & ZONING COMMISSION MINUTES PAGE 15 JUNE 3, 2008 ( e) The use will be designed, constlUcted, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The parking ramp design is included with the overall design package for the development. The parldng ramp is integrated into the development and serves both the first and second floors of the buildings simultaneously. Because the parldng ramp has been designed as an integral part of the development, it shares the same building materials and architectural features as the surrounding buildings, and fits into the intended character of the area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 4707 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 parking ramp's only purpose is to improve on-site circulation oftrafJic. Each parking stall and drive aisle width meets the city's minimum standards for construction. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the inunediate vicinity. The parking ramp will cause a positive cumulative effect on uses in the immediate vicinity, as it will provide access to 55,000 square feet of new office and retail development along Central Avenue. (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 MXD zoning district. FINDINGS OF FACT (Site Plan Approval) Section 9.1 04 (M) of the Zoning Ordinance outlines four fmdings of fact that must be met in order for the City to approve a site plan. They are as follows: e) The site plan confol1ns to all applicable requirements ofthis article. The site plan meets all setback, building density, parking and Design Guidelines criteria pertaining to the Zoning Code. f) The site plan is consistent with the applicable provisions ofthe city's Comprehensive Plan. The Comprehensive Plan designates the property as Transit Oriented Development. 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. g) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. h) The site plan minimizes mlY adverse impacts on property in the immediate vicinity mId the public right-of-way. The proposed site plan meets all applicable setback requirements and zoning provisions. For this reason, there will be no adverse impacts on property in the immediate vicinity or the public right-ol-way. PLANNING & ZONING COMMISSION MINUTES PAGE 16 JUNE 3, 2008 The Grand Central Commons site has been a redevelopment priority for the City of Columbia Heights and provides an opportunity for 55,000 square feet of new office and retail development along the major conunercial corridor of Columbia Heights. The proposed plans for the construction ofthe two buildings and parking ramp meet all zoning and design guideline requirements, and the parking ramp will be an unobtrusive service to the public. For these reasons, staffrecommends approval of the Conditional Use Permit for the parking ramp as well as approval ofthe site plan for 4707 Central Avenue. Ouestions from members: Fiorendino stated he thought the design of the parking ramp was great. He liked the fact that trees will be placed to create green space between the street and building. He questioned if the sidewalk would remain along Central Avenue 'since MN DOT had rejected the proposal of the parking spaces. Sargent stated that MN DOT suggested the sidewalk remain. Schmitt sought clarification of the exit points from the site. She asked if MN DOT had approved the one off Central. Sargent said they approved an exit from the site on Central that would only go north. She then asked who would be responsible for blocking the median on Central Ave to prohibit left turns to the south. Kevin Hansen was present mld stated that it is the developers responsibility to have that work done so that traffic will be directed in the right direction. There was a discussion regarding the signage for the site and whether 01' not to bring these requests before the Planning Commission for approval, or let staff process the requests. Sargent said staff already reviews the requests for size, colors, type of sign, and lighting. The only reason they are brought to the commission is because of wording in the Design Guidelines. It would shorten the process if staff could approve them. Schmitt felt strongly that all requests for the Design Guidelines Districts should still come before the commission. She said tins has been a "hot issue" in the past and prefers to see the requests. Szurek agreed ffild doesn't feel it holds up the process as it only goes before the Planning Commission, not to the City Council. Peterson thanked the developer for submitting all the conceptual drawings for the site. He said it helps visualize what a project will look like. He was concerned about the parking area facing Grand Central Lofts. He thought the renderings showed a lot of white wall area that should be softened with more greenery. He asked if any thought had been given to establishing a rooftop garden area. Sargent said that is not a requirement in our code, therefore we could not force the developer to do that. He said it would add cost to the project as the design would have to account for the extra weight. Public Hearing Opened. Tom Kurak resides at 15001 Sunfish Lake Blvd in Rmnsey, but owns condos in the Grand Central Lofts building would also like to see more greenery around the pm'king ramp. He also hopes the lighting will be soft and not glare into the condo units. He thought Grffild Avenue was a residential street, not for businesses that are open late. He wanted the ramp re-designed to have all the traffic exit onto 4 ih Avenue instead of Grand. PLANNING & ZONING COMMISSION MINUTES PAGEl? JUNE 3, 2008 Sargent explained only the 2nd level of the ramp exits onto Grand Ave. and that will be used mostly by the offices on the second level of the business center during the day. The first level ofthe ramp will exit to 47'h Avenue and will serve the restaurants located on the first level of the center. He stated that the ranlp can't be re-designed as they are very close to the minimum number of required parking spaces, and therefore, can't afford to lose any. He also reminded members, and those in the audience, that the site was zoned Mixed Use to allow for residences and retail!conunercial space. This was established so residents would be encouraged to walk to local businesses and restaurants. Members agreed that most of the night traffic would exit to 47'h Avenue. Public Hearing closed. Sargent explained that because the site IS located in the MXD zoning district, the setbacks must be approved by the City Council. Motion by Fiorendino, seconded by Schmitt, that the Planning Commission recommends the City Council approve the Site Plan for the commercial/retail facility located at 4707 Central Avenue. All ayes. MOTION PASSED. The attached Resolution will go to the City Council June 9, 2008. RESOLUTION NO. 2008-132 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR A 55,000 SQUARE FOOT OFFICE/RETAIL DEVELOPMENT LOCATED AT 4707 CENTRAL AVENUE WITHIN TIm CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0603) has been submitted by Nelson Bnilding and Development to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4707 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of an offlce/retail development located at 4707 Central Avenue. WHEREAS, the Planning Commission has held a pnblic healing as required by the city Zoning Code on June 3, 2008; WHEREAS, the City COllllCil has considered the advice and recommendations of the Planning and Zoning Commission 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 concems related to compatibility of uses, traffic, property valnes, 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 Colnmbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The site plan conforms to all applicable requirements of this altic1e, except signage. 2. The site plall 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 allY adverse impacts on propmty in the immediate vicinity and the public right-of- way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become pmt 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 (]) calendar vear after the approval date, subject to petition for renewal of the permit. PLANNING & ZONING COMMISSION MINUTES PAGE 18 JUNE 3, 2008 Motion by Fiorendino, seconded by Schmitt, that the Planning Commission recommends the City Council approve the Conditional Use Permit for a parking ramp located at 4707 Central Avenue. All ayes. MOTION PASSED. The attached Resolution will go to the City Council June 9, 2008. DRAFT RESOLUTION NO. 2008-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PARKING RAMI' FOR GRAND CENTRAL COMMONS LOCATED WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0603) has been submitted by Nelson Building and Development to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4707 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit pel' Code Section 9.112 (0)(2), to allow the construction of parking ramp at 4707 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 3, 2008; WHEREAS, the City Council 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 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 Planning Commission: 1. The use is one of the conditional 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' distributing influences on neighboring propelties. 5. 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 of the existing 01' intended character of the surrounding area. 6. The use and propelty upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been 01' 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. PLANNING & ZONING COMMISION MINUTES PAGE 19 JUNE 3, 2008 CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0604 City ofColnmbia Heights 825 - 41'( Avenue Rezoue Parcel from R-4 to PO INTRODUCTION In early 2008, the City Council explored many options in locating the new public safety building. After extensive research and site analyses, the former NEI School site, located at 825 - 41 ,t Avenue was detenwned to be the best location. On February 6, 2008, the Plamling Commission reviewed a proposal that created the Public and Open Space "PO" Dish'ict throughout the City. The Council approved tills zoning classification and all publicly owned parcels were convelied to this classification. Parcels included in the PO Dish'ict were: City Hall, Murzyn Hall, Public Works, tile City Library, and all public parks. The NEI site was not considered for tile PO zoning classification because it had not yet been determined that tile NEI site would be the location for tile public safety building. At this time, the City of Columbia Heights requests to rezone the parcel at 825 - 41't Avenue from R-4, Multiple Family Residential to PO, Public and Open Space, in order to be consistent witIl placing all publicly owned parcels in the PO zoning classification. COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property at 825 - 41't Avenue for Transit Oriented Development. The Comprehensive Plan guidance for this site will be amended during the 2008 Comprehensive Plml Update to reflect Park Use guidance. ZONING ORDINANCE When the zOlllng mnendment is complete, tile parcel at 825 - 41't Avenue will be PO, Public and Open Space. The newly created Public mld Open Space Dish'ict ordinance allows pnblicly owned mld operated facilities as a permitted nse. FINDINGS OF FACT SeCtion 9.1 04 (F) of the ColUlllbia Heights zoning code requires that the City Council make each of the following four findings before approving a zOlllng amendment: 1. The amendment is consistent willi the Comprehensive Plan. The Comprehensive Plan currently guides the property at 825 - 41" Avenue for Transit Oriented Development. The Comprehensive Plan guidance for this site will be amended during the 2008 Comprehensive Plan Update to reflect Park Use guidance. 2. The amendment is in the public interest and is not solely for the benefit of a single propeliy owner. The City of Columbia Heights owns all the parcels that would be affected by this proposed zoning amendment. The rezoning of this parcel is consistent with the zoning classification for all other publicly owned parcels. Being that the parcel will be used to serve the public, it is in the public's interest to rezone the property. PLANNING & ZONING COMMISSION MINUTE PAGE 20 JUNE 3, 2008 3. Where the amendment is to chffilge the zoning classification of a particuIm property, the existing use of the property ffild the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The existing use of the property is vacant land, and has been so for the past several years. The proposed use of the land, as well as the existing zoning classification of the property within the general area, are consistent and compatible with the Public and Open Space zoning classification. 4. 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 the cUlTent zoning classification. The purpose of the zoning amendment is to keep the consistency of including all the public uses throughout the City in one zoning classification. Doing so would make the uses, setbacks and performance standards for the parks and other public uses consistent with one another. Redeveloping a vacant parcel with a public service use is in line with the general trend of redevelopment in the area. Staffreconunends approval to proceed with the first reading ofthe Ordinance to re-zone this parcel. Ouestions from members: Sclunitt asked why this property wasn't re-zoned in February along with the rest of the Public Service buildings. Sargent explained that at the time, it hadn't been decided what the site would be used for. Now that the Council has decided to locate the Public Safety building at tltis site, this is the first step that needs to take place before a site plan can be approved. Schmitt asked if it could be re-zoned after the building is constructed and Sargent told her no. It would affect the design and placement of the building because the setbacks me different. Public Hearing Opened. Mmy Pribula from 4141 Quincy St does not want the Public Safety building constructed at that site. She realizes that most of her issues need to be addressed at the Site Plan approval. She is concerned the noise from the emergency vehicles will have a detrimental affect on the neighborhood and bring down property values. The owners in the area were previously told this site would be used for a townhouse development and now they are changing the plffil. She asked if a contractor had been selected yet. Sargent explained that the City Council is being aggressive in getting this project underway, but that a contractor had not been selected yet. He believes the Site Plffil will be brought to the Plffiming & Zoning Conunission at the July or August meeting. He said that staff has had several meetings with the Architect ffild the City Council regarding noise, lighting, ffild landscape issues. They are aware they must have as little impact on the neighboring propeliies as possible. Deb Miller from 4130 Quincy St does not want the Public Safety building constructed at that site. She, too, thought it would eventually be used for new residential propelties. PLANNING & ZONING COMMISSION MINUTES PAGE 21 JUNE 3, 2008 Joe Grote who resides at 4627 Chatham Rd, but owns a duplex at 4144 Quincy St, and is a parishioner at Immaculate Conception Church, also thought it was not an appropriate place to construct a Public Safety Building. He said emergency vehicles rushing out near a school and church with a lot of activity alld people coming and going, was not a good plan. Sal'gent said staff has considered many options regarding use of sirens and response to emergencies. They have considered installing a flashing light system that would alert drivers and pedestrians to emergency activity. Peterson wanted to know if tIlis is a preliminmy plan to locate the Public Safety building at this site, or if it has been designated as the actual site. Sargent responded that the City Council has decided to construct the Public Safety building at tllis site, and me moving quickly as the Fire alld Police Depts. me in dire need of additional space. Staff has been meeting with the Architect to help finalize the plallS for tile building. The Public will have the opportunity to voice their opinions at tlle Public Hearing for tile Site Plan Approval. Public Hearing Closed. Motion by Peterson, seconded by Thompson, that the Planning Commission recommends the City Council approve the first reading of the ordinance rezoning the property at 825 - 41" Avenue fi'om R-4, Multiple Family Residential to PO, Public and Open Space in order to accommodate the construction of a new public safety building. All ayes. MOTION PASSED. This will go to the City Council June 9, 2008 for the first reading. ORDINANCE XXXX CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTIES LOCATED AT 825 - 415t A VENUE NE SECTION 1: WHEREAS, the City of Coiumbia Heights promotes the heaithy and safety of its citizens by ensuring adequate pubiic safety services; and WHEREAS, the rezoning of the subject parcel will enable the construction of a new public safety facility; and WlillREAS, the City of Columbia Heights recognizes that the PO, Public and Open Space zoning allows for public safety buildings as permitted uses; and WHEREAS, the City of Columbia Heights recent practice is to include publicly owned parcels in the PO, Public and Open Space District; and WHEREAS, the City of Columbia Heights has embraced redevelopment efforts as a means to revitalize the City's economic and social welfare vitality; and PLANNING & ZONING COMMISSION MINUTES PAGE 22 JUNE 3, 2008 WHEREAS, rezoning the subject parcel from R-4, Multiple Family Residential to PO, Public and Open Space provides opportunity for redevelopment of a vacant property; and WHEREAS, the rczoning is consistent with the City Comprehensive Plan, as amended by Resolution 2007-133, and is in the public interest and not solely for the benefit of a single property owner; and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from R-4, Multiple Family Residential to PO, Public and Open Space. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0605 Al'chetype Signmakers 4000 Centml Avenue Site Plan Approval for signage INTRODUCTION At this time, Archetype Signmakers is requesting a site plan approval for new signage for the building located at 4000 Central Avenue. Fairview Pharmacy has recently moved into the Columbia Park Medical Clinic building and would like a sign to promote their business. The proposed new signage requires a site plan approval because the property is located within the Design Overlay Central Business District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. Properties in this area must also conform to the Design Guidelines for commercial-related activity. The proposed sign plan meets all the requirements ofthe Design Guidelines, and for this reason is consistent with the Comprehensive Plan. ZONING ORDINANCE The property is located in the CBD, Central Business District, as arc all the surrounding properties. The subject parcel is also located within the Design Overlay Central Business District, and is subject the regulations for such properties. The City Code at Section 9.106 (P)( 12) states that total sign age in the CBD District shall not exceed two square feet for each front foot oftenant space provided in the multi-tenant building. The tenant space occupied by Fairview Pharmacy is 93 feet in width. For this reason, the total amount of signage allowed for the tenant is capped at 100 square feel. The applicant's sign plan indicates one wall sign totaling 34.4 square feet in area, meeting the minimum sign code regulations. DESIGN GUIDELINES SIGNAGE. The Design Guidelines prohibit internally lit box signs. The proposed wall sign will not be illuminated, and meets all other aspects of the Design Guidelines. FINDINGS OF FACT Site Plan Appl'Oval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: I. The site plan conforms to all applicable requirements of this atiicle The proposed site plan meets all the Design Guidelines standards for wall signs in relation to the color of the sign and the types of materials used to construct it. PLANNING & ZONING COMMISSION MINUTES PAGE 23 JUNE 3, 2008 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 Central Business District. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. The proposed sigJwge meets all the minimum square footage 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 the Fairview Pharmacy located at 4000 Central Avenue. Ouestions from members: Schmitt questioned ifthe applicant is aware oflighting allowances for signage. Sargent said they are aware of what they can and can't have for signage. Public Hearing Opened. No one was present for tlus issue. Public Hearing Closed. Motion by Fiorendino, seconded by Peterson, to waive the reading of Resolution No. 2008-PZl2, there being ample copies available to the public. All ayes. MOTlON PASSED. Motion by Firoendino, seconded by Peterrson, to adopt Resolution No. 2008-PZl2, being a resolution approving a site plan for the Fairview Pharmacy located at 4000 Central Avenue. All ayes. MOTION PASSED. RESOLUTION NO. 2008-PZ12 RESOLUTION OF THE PLANNING AND ZONlNG COMMISSION APPROVING A SITE PLAN FOR SIGNAGE AT 4000 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0605) has been submitted by Archetype Sigmnakers to the Planning and Zoning Conunission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4000 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: for the Fairview Pharmacy located at 4000 Central Avenue. Site Plan approval for signage PLANNING & ZONING COMMISSION MINUTES PAGE 24 JUNE 3, 2008 WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 3, 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, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zouing 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 aud void if the project has uot been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. Passed this 3'd day of June 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 of this resolution as outlined above. Archetype Sig1l1nakers Representative Date PLANNlNG & ZONlNG COMMISSION MINUTES PAGE 25 JUNE 3, 2008 CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0606 City of Columbia Heights City Wide Zoning Amendment for Establishmeut of Shoreland Ovel"lay District INTRODUCTION The purpose of creating a Shoreland Overlay Dish'ict is to promote the health, safety and general welfare of the citizens of Columbia Heights. The umegulated use. of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the City to provide an ordinance geared towards the wise use and development of shorelands of public waters. One of the main goals of the City's Storm Water Pollution Prevention Program is to prevent, reduce and limit site erosion with different controlling methods. The establishment of a Shoreland Overlay District would greatly effect the control that the City would have over development in close proximity to Colmnbia Heights' impaired waterways, to ensure that safe conshuction methods are utilized in order to protect these water bodies. COMPREHENSIVE PLAN One of the over arching goal s of the Comprehensive Plan is to promote the health, safety and general welfare of the citizens of Columbia Heights. Establishing the Shorcland Overlay District helps accomplish this by protecting the City's waterways. ZONING ORDINANCE The Shoreland District boundal'ies shall include all properties located within 1,000 feet of a designated waterway. The Shorelmld Overlay District will regulate such properties ifrainwater from those properties drains directly to the waterway in question. The following is a list of the designated waterways in the City of Columbia Heights: Silver Lake Highland Lake Clover Pond Sullivan Lake Hart Lake LaBelle Pond FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Councilmalce each of the following four findings before approving a zoning amendment: ]. The mnendment is consistent with the Comprehensive Plan. One of the overarching goals of the Comprehensive Plan is to promote the health, safety and general welfare of the citizens of Columbia Heights. Establishing the Shoreland Overlay District helps accomplish this by protecting the City's waterways. 2. The anlendment is in the public interest and is not solely for the benefit of a single property owner. The creation of the Shoreland Overlay District is not only an NPDES - Phase II requirement, itwill ensure the health, safety and general welfare of the public by promoting positive construction practices in close proximity to the impaired waterways of Columbia Heights. PLANNING & ZONING COMMISSION MINUTES PAGE 26 JUNE 3, 2008 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The zoning classification of a particular property is not changed with the proposed establishment of the Shoreland Overlay District. The underlying zoning will still be intact once the Shoreland District is established. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general m'ea of the property in question, which has taken place since such property was placed in the current zoning classification. The zoning classification of a particular property is not changed with the proposed establishment of the Shore land Overlay District. The underlying zoning will still be intact once the Shore land District is established. Sargent reviewed the Ordinance briefly to point out the definitions of Shoreland properties, what constitutes impervious surfaces, and the Impact Zone. Staff recommends approving the first reading of the Ordinance to create the Shoreland Overlay District. Ouestion from Members: This Ordinance is required by the State and would affect new construction, additions, changes to the grade, the ability of bringing in fill, or construction of accessory buildings. Major excavations would now require a conditional use permit. Propelties in this overlay district would have all hard surfaces counting toward lot coverage including paved areas, gravel areas, decks, patios, and structures. Kevin Hansen told members that this should have been dealt with sooner, and that we held a space for it in our Zoning Ordinance, but never formally adopted it as part of the Ordinance. This will enable the City to deal with pollution to our water systems as changes are made that affect these areas. This Ordinance will complement the requirements from Rice Creek Watershed also. Kevin stated he is obligated to get this Ordinance and an Erosion Control Ordinance in place by June 30, 2008. When asked how this would have affccted the Pm'k renovations underway, he stated that it would have required the City to obtain a Conditional Use Permit first to do the improvements. But the overall affect to the water systems would be the same. These renovations include steps to improve the drainage around the lake areas. Public Hearing Opened. No one was present. Public Hearing Closed. Motion by Peterson, seconded by Fiorendino,that the Planning Commission recommends the City Council approve the creation of the Shoreland Overlay District, which create a 1,000 foot buffer around the impaired waterways in the City ofColUlnbia Heights in order to impose construction standards suitablefor protecting these lakes and ponds. All ayes. MOTION PASSED. The following Ordinance will go to the City Council June 9, 2008. PLANNING & ZONING COMMISSION MINUTES PAGE 27 JUNE 3, 2008 ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE PUBLIC AND OPEN SPACE ZONING DISTRICT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Alticle I of the Columbia Heights City Code, is proposed to include the following additions. ~9.113 OVERLAY DISTRICTS. (C) Shoreland Management Overlay District. (1) PU'1Jose. a. The unregulated use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollntion of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise use and development of shorelands of public waters. b. Statutory authorization. These shoreland regulations are adopted pursuant to the authorization and policies contained in Minn. Stat. Ch. 103F, Minnesota Regulations, Parts 6120.2500 through 6120.3900, and the planning aud zoning enabling legislation in Minn. Stat. Ch. 462. c. Jurisdiction. The provisions of this Code shall apply to shorelands of the public water bodies as classified in Section 9.113 (C)(4)(b) of this Code. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this Code. d. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the grading and filling of any shoreland area; and the cutting of shoreland vegetation shall be in full compliance with the terms of this Code and other applicable regulations. e. District application. The shoreland overlay district shall be superimposed (overlaid) upon all the zoning districts as identified in Chapter 9 of this Code as existing or amended by the text and map of this Code. The regulations and requirements imposed by the shoreland overlay district shall be in addition to those established by the base zoning district, which jointly apply. Under joint application of the districts, the more restrictive requirements shall apply. f. Exemptions. 1.A structure or use which was lawful before adoption of this article, but which is not in conformity with the provisions of the Shorelaud Overlay District, may be continued subject to Sectiou 9.105 of this Code. 2.A property located within the Shoreland Overlay District that does not drain into a body of water listed in Section 9.113 (C)(4)(b). (2) District Boundaries. The boundaries of the shoreland overlay district within the city consist of the first tier of riparian lots abutting a protected lake or tributary identified in Section 9.113 (C)(4)(b) of this Code. The specific boundaries of the Shoreland Overlay District are shown on the official Columbia Heights Shoreland Overlay District Map iu the Columbia Heights Zoning Code. PLANNING & ZONING COMMISSION MINUTES PAGE 28 JUNE 3, 2008 (3) Definitiolls. For the purpose of this Chapter, certain terms and words are hereby defined: Words use in the present tense shall inclnde the fntnre; words in the singnlar inclnde the plural, and the plural the singnlar; the word "building" shall inclnde the word "struetnre"; and the word "lot" shall include the word "plot"; and the word "shall" is mandatory and not directory; and the word "inclnding" shall mean "inclnding, but not limited to". For the purpose of this district, the following definitions shall apply: (a) AccessOlY Buildillg. A subordinate building 01' use, which is located on the same, lot as the principal building 01' use and is necessary 01' incidental to the conduct of the principal building 01' use. (b) Commission. The City of Columbia Heights Planning Commission. c) Commissioller. The Commissioner of the Department of Natnral Resonrees of the State of Minnesota. (d) Coullcil. The Colnmbia Heights City Council. (e) Developmellt. The making of any material change in the use 01' appearance of any structnre of land including reconstruction; alteration of the size of any strncture; alteration of the land; alteration of a shore or bank of a river, stream, lake or pond; a commencement of drilling (except to obtain soil samples); mining 01' excavation; (Iemolition of a strncture; clearing of land as an adjnnet to construction; deposit of refuse, solid or liquid waste, or fill on a parcel ofland; the dividing ofland into two (2) or more parcels. (f) Impervious SIII.face. A constructed hard surface that either prevents or retards the entry of water into the soil, and canses water to run off the surface in greater quantities and at an increase rate of flow than existed prior to development. Examples include rooftops, sidewall"" patios, driveways, parldng lots, storage areas, and concrete, asphalt 01' gravel roads. (g) Lot COI'erage. The amount of impervious snrface on a lot. (h) Ordillary High Water Level. Minnesota State Statute 103G.005, snbdivision 14 defines ordinary high water level as the boundary of waterbasins, waterconrses, public waters, and pnblic waters wetlands and: 1. The ordinary high water level is an elevation delineating the highest water level that has been maintained for a snfficient period of time to leave evidence upon the landscape, commonly the point where the natnral vegetation changes from predominately aquatic to predominately terrestrial; 2.For watereonrses, the ordinary high water level is the elevation of the top of the bank of the channel; and 3.For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. (i) Shorelalld. Shoreland means land located within the following distances from the ordinary high water elevation of public waters: 1. land within 1,000 feet from the normal high watermark of a lal<e, pond, 01' flowage; and Planning & Zoning Commission Minutes Page 29 June 3, 2008 2. Land within 300 feet if a river or stream or the landward side of a floodplain delineated by ordinance on the river or stream, whichever is grcater. U) Shore Impact Zone. The area between thc ordinary high water mark and fifty (50) fcet inland form the ordinary high water mark. (k) Stmcture. Anything constructed or erected which rcquires location on or undcrground 0" attachment to something having location on or undergronnd. This inclndes an cdifice or building of any kind, or any piece of work artificially built up or composcd of parts joined together in some definite manner, whether of a temporary or permanent character. (4) Shoreland Classification System. (a) Public waters. The public waters of Columbia Heights have been classified below eonsistent with the criteria found in Mhl1lesota Regnlations, Part 6120.3300, and the DNR Protected Waters Inventory Map for Anoka County, Minnesota. (b) Official Map. on the Columbia Heights Map. The shoreland permit distriet for the waterbodies listed below shall be shown Recreational Development Lakes Protected Waters InventOlY ID. # Silver Lake 83P General Development Lake Protected Waters Inventory ID. # Sullivan Lake Highland Lake Hart Lake Clover Pond LaBelle Pond 80P 79P 81P 686W 687P (5) Administration. (a) Building Permit Required. A permit is required for the coustruction of buildings or buildiug additions (and iucluding such related activities as construction of decks and signs), and those gradiug and filling activities not exempted by this Code that occur within the shoreland district. Application for a buildiug permit shall be filed with the Zoning Administrator or any staff persons designated by the City Manage,' ou an official application form of thc City, accompanied by a fee as sct forth in Chapter 6, Article II of the City Code. Where required by law, the building permit application shall be forwarded to the applicable watershed district for review and comment. The application shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the intended use. (b) Variance. Variances may only be granted in accordance with Section 9.104 (G) of this Code. A variance may not circumvcnt the general purposes and intent of this Code. No variance may be granted that would allow any use that is prohibited in the underlying zoning district in which the subjeet property is located. (c) Conditional Use Permit. Conditional Use Permits may only be granted in accordance with Section 9.014 (II) of this Code. Conditional Use Permits are reqnired to ensnre specific development standards within the Shoreland Overlay Districts. PLANNING & ZONING COMMISSION MINUTES PAGE 30 JUNE 3, 2008 (d) Notifications to the Departmcnt of Natnral Resources. 1. Public Hearings. Copies of all notices of any public hearings to consider variances, amendments, conditional uses, or special uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days prior to the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 2.Approval. A copy of approved amendments and subdivisions/plats, and final decisions granting variances and conditional use permits under local shoreland management controls must be sent by the City to the commissioner or the commissioner's designated representative and postmarked within ten days of the final action. (6) Land Use District Descriptions. (a) Allowed land uses within the shoreland district shall be determined by the nnderlying zoning district, as listed within Chapter 9 of the City Code. (7) Lot Area and Width Standards. (a) Lot area and width standards for residential development shall be regulated per the underlyiug zouing district in Chapter 9 of the City Code. (8) Placement, Design, and Height of Structures. (a) Placement of structnres on lots. When more than one setback applies to a site, stl'llctures and facilities must be located to meet all setbacl<s. Where strnctures exist on the adjoining lots on both sides of a proposed building site, strncture setbacI<s may be altered without a variance to conform to the adjoining setbacl<s from the ordinary high water level, provided the proposed building site in not located in a shore impact zone. Structures shall be located as follows: 1. Required Setbacks. All required rear yard, side yard and front yard setbacI<s shall be met per the underlying zoning district. 2. Ordinal}' High Water Level Setback. Structure setbacI<s (in feet) from the ordinary high water level are: Classes of Public Waters General Development Lake Recreational Development Lake Structure SetbacI<s 50 feet 75 feet 3. Height of Stmctures. Maximum allowable height for all structures shall be rcgulated per uuderlying zoning districts in Chapter 9 of the City Code. (b) Shoreland alterations. Alterations of vegetation and topography wiII be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, ami protect fish and wildlife habitat. PLANNING & ZONING COMMISSION MINUTES PAGE 31 JUNE 3, 2008 1. Vegetatioll alteration. Removal or alteration of vegetation is allowed subject to thc following standards: a. hltensive vegetation clearing within the shore impact zones and on steep slopes is not allowed. b. In shore impact zones and on steep slopes, limited clearing of trees and sIu'nbs and cutting, pruning, and triuuning of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic aI'eas, access paths, beach aud watercraft access areas, and permitted water- oriented accessory structures or facilities provided that: (i)The screening of structnres, vebicles, 01' otber facilities as viewed from the water, assuming snmmer, leaf-on conditions, is not substantially reduced. (ii)Tbe above provisions are not applicable to the removal of trees, limbs, 01' brancbes that are dead, diseased, or pose safety bazards and tbe removal of plants deemed noxions under tbe Minnesota Noxious Weed Law. 2. Building permit. Grading and filling and excavations necessary for tbe construction of strnctnres and driveways under validly issued bnilding permits for tbese facilities do not require tbe issuance of a separate sboreland grading and filling permit. 3. Conditiollal Use Permit. Notwithstanding (2) above, a Conditional Use Permit will bc required for those properties located in thc Shoreland Overlay District for: a. Placement, removal or grading of more than 250 cubie yards of carthen material on developed property zoned R-l, R-2A 01' R-2B. b.Placement, removal 01' grading of more than 500 cubic yards of earthen material on nndeveloped property zoned R-l, R-2A 01' R-2B. c.Placement, removal or grading of more than 750 cubic yards of earthen matcrial on property zoned R-3, R-4 or LB. d.Placement, removal or grading of more than 1,000 cubic yards of earthen material on property zoncd GB, CBD, 1-1, 1-2, or MXD. 4. Land alteration permit. Notwithstanding (2) above, a land alteration permit will be required for: a. The movement of more than ten cubic yards of material on steep slopes 01' within shore impact zones. b. The movement of more than 50 cubic yards of material outside of steep slopes and shore impact zones. 5. Conditiolls. The following considerations and conditions mnst be adhered to during the issuance of building permits, land alteration permits, variances, conditional nse permits, and subdivision approvals: PLANNING & ZONING COMMISSION MINUTES PAGE 32 JUNE 3,2008 a. Grading 01' filling in any type 2-8 wetland mnst be evaluated to determine how extensively the proposed activity would affect the following functional qualitics of the wetland (This cvaluation shall also include a determination of whether the wetland alteration being proposed requires permits, reviews, 01' approvals by other local, state, 01' federal agcncies snch as a watershed district, the Minncsota Department of Natural Resources, 01' the United States Army Corps of Engineers): (i) Sediment and pollutant trapping and retcntion. (ii) Storage of surface runoffto prevent 01' reduce flood damage. (Hi) Fish and wildlife habitat. (iv) Recreational use. (v) Shorelinc 01' bank stabilization. (vi) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, 01' others. b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possiblc. c. Mulches 01' similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation covel' must be established as soon as possible. d. Methods to minimize soil erosion and to trap sediments beforc they reach any surfacc water feature must be used. e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conscrvation districts and the United States Soil Conservation Service. f. Fill 01' excavated material must not be placed in a manner that creates an unstable slope. g. Plans to place fill 01' excavated material on steep slopes must be reviewed by qualified professionals for continucd slope stability and must create finished slopes ofless than 3:1 slope. h. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minn. Stat. ~ 103G.245. i. Alterations of topography must only be allowed if they are accessory to permitted 01' conditional uscs and do not adversely affect adjacent 01' nearby properties. j. Placement of natural rock rip rap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three (3) feet horizontal to one (1) foot vertical, the landward extent of the rip rap is within ten (10) fect of the ordinary high water level, and the height of the rip rap above the ordinary high water level does not exceed three (3) feet. Must be done in accordance with other State and Federal regulations. A permit from the DNR is required. PLANNING & ZONING COMMISSION MINUTES PAGE 33 JUNE 3, 2008 5. Connections to public waters. Excavations where the intended pnrpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, mnst bc controlled by local shoreland controls. Permission for excavations my be given only after written authorization has been obtained from the Minnesota Department of Natural Resources approving thc propos cd conncction to public waters. (c) Stormwater managemcnt. The following general and specific standards shall apply: 1. General standards. a. When possible, existing natnral drainagc-ways, wetlands, and vegctatcd soil surfaces must bc used to convey, store, filter, and retain stormwater runoff bcfore dischargc to public waters. b. Development mnst be planned and conducted in a manner that wiII minimize the extcnt of distnrbcd arcas, runoff velocitics, erosion potential, and rednce and delay runoff velocities, erosion potential, and reduce and delay l'tInoff volumes. Disturbed areas mnst bc stabilizcd and protected as soon as possible and facilitics or mcthods uscd to rctain sediment on thc sitc. c. Whcn development density, topographic fcatures, and soil and vegetation conditions arc not sufficicnt to adeqnately handle stormwatcr runoff nsing natnral featurcs and vcgetation, varions types of constructed facilities such as diversions, settling basins, slumming devices, dikes, waterways, and ponds may bc nscd. Prcferencc mnst be given to designs nsing surface drainage, vegetation, and infiltration rather than buried pipcs and manmade materials and facilitics. 2. Specific standards. a. Impcrvions surface lot coverage shall not cxceed thirty-fivc perccnt (35%) of the lot area, except as a variancc, which shall comply with the following standards: (i) All structures, additions 01' expansions shall meet setback and other reqnirements of this Code. (ii) The lot shall be served with municipal sewer and water. (iii) The lot shall provide for the collection and treatment of stonnwater in compliance with Chapter 9 of the City Code if determined that the site improvements will result in increased lUnoff directly entering a pnblic water. All development plans shall require review and approval by the City Engineer and the underlying watershed district. (iv) Measures will be taken for the treatment of stormwater runoff and/or prevention of stonnwater from directly entering a public water. The measures may inclnde, but not limited to the following: A. Appurtcnances as sedimentation basins, debris basins, desilting basins, or silt traps. B. Installation of debris gnards and microsilt basins on store sewcr inlets. PLANNING & ZONING COMMISSION MINUTES PAGE 34 JUNE 3, 2008 C. Use where practical, oil skimming deviccs or snmp catch basins. D. Direct drainage away from the lake and into pervious, grassed yards through site grading, use of guttcrs and down spouts. E. Construction of sidewalks of partially pervious raised materials such as decking, which has natural earth or other pervious material beneath or between the plauking. F. Use grading and constl'Uction techniques that encourage rapid infiltration, e.g., sand and gravel under impervious materials with adjacent infiltration swales graded to lead into them. G. Install berms, water bars, or terraces, which temporarily detain water before dispersing it into the pervious area. a) When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that the constrncted facilities are designed and installed consistent with the field office tecImical gnide for the local soil and water conservation districts. b) Newly constructed stormwater outfall to public waters mnst provide for filtering or settling 01' suspended solids and skimming or snrface debris before discharge. 3. Nonconformities. All legally established nonconformities as of the date of this section may continue, bnt they will be managed according to Section 9.105 of this Code with the following cxceptions: A.. Decl<s are allowed as a conforming nse provided all of the following criteria and standards are met: (i) The principal structnre existed on the date the stl'llctnre setbacl{s were established. (ii) No other reasonable location for the dccl{ exists. (iii) The dcck encroachmcnt toward thc ordinary high watcr level maintains a minimum sctback in accordancc with applicable code sections and a maximum cncroachmcnt of ten (10) feet into thc Shore Impact Zonc. (9) Public Nuisance: Penalty (a) Any person who violates any provisions of this district or fails to comply with any of its terms or rcqniremcnts shall be gnilty of a misdemeanor, pnnishable by a fine of not more than $500 or imprisoned for not morc than nincty (90) days, or both, and in addition shall pay all costs of prosccution and cxpenses involved in the case. Each day the violation continucs shall be considered a separate offcnce. (b) Evcry obstrnction or use placed or maintained in the Shoreland Overlay District in violation of this Chaptcr is hcrcby declared to bc a pnblic nuisance and crcation thcreof may be cnjoincd and the maintenancc thercof abated by appointed judicial action. (c) Nothing herein contained shall prcvent the City from taking such othcr lawful action as is necessary to prcvent, remcdy or rcmove any violation. Scction 2: This ordinance shall be infullforce and effectfi'om and after 30 days after its passage. PLANNING & ZONING COMMISSION MINUTES PAGE 35 JUNE 3, 2008 NEW BUSINESS Sargent reminded members of the Joint meeting with the City Council to review the goals set forth in the update of the Comprehensive Plan. The meeting was adjourned at 9:30 p.m. Respectfully submitted, Shelley Hanson Secretary CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0701 DATE: July 1, 2008 TO: Columbia Heights Planning Commission APPLICANT: Varibest Printing LOCATION: 4355 Central Avenue REQUEST: Site Plan Approval for signage PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Varibest Printing is requesting a site plan approval for new signage at 4355 Central Avenue. The tenant space had been vacant for some time and is now occupied by Varibest Printing. The proposed new signage for the tenant space requires a site plan approval because the property is located within the Design Overlay Central Business District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. One of the goals of the Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment of targeted areas within the community, by enhancing the image and viability of the Central Avenue corridor. One way to accomplish this goal is for the businesses along Central Avenue to conform to the Design Guidelines for commercial-related activity. The proposed sign plan meets all the requirements of the Design Guidelines, and for this reason is consistent with the Comprehensive Plan. ZONING ORDINANCE The property is located in the GB, General Business District, as are the properties to the north and south. The subject parcel is also located within the Design Overlay Central Business District, and is subject the regulations for such properties. The City Code at Section 9.106 (P)(12) states that total signage in the GB District shall not exceed two square feet for each front foot of tenant space provided in the multi- tenant building. The tenant space occupied by Varibest Printing is 24 feet in width. For this reason, the total amount of signage allowed for the tenant is 48 square feet. The ~ity of Columbia Heights Planning Commission 4355 Central Avenue, Varibest Printing July 1, 2008 Case # 2008-0701 applicant's sign plan indicates one wall sign totaling 32 square feet in area, meeting the minimum sign code regulations. DESIGN GUIDELINES SIGNAGE. The Design Guidelines prohibit internally lit box signs. The proposed wall sign is aluminum with non-illuminated lettering. Therefore, the sign plan meets the minimum requirements. FINDINGS OF FACT Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan meets all the Design Guidelines standards for 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 Central Business District. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed signage meets all the minimum square footage requirements and all Design Guideline requirements. For this reason, the property in the immediate vicinity should not be adversely impacted. RECOMMENDATION The signage plan conforms to all standards outlined in the Design Guidelines. Staff recommends approval of the site plan for the Varibest Printing located at 4355 Central Avenue. Page 2 ~ity of Columbia Heights Planning Commission 4355 Central Avenue, Varibest Printing Juiy 1, 2008 Case # 2008-0701 Move to waive the reading of Resolution No. 2008-PZ13, there being ample copies available to the public. Move to adopt Resolution No. 2008-PZ13, being a resolution approving a site plan for Varibest Printing located at 4355 Central Avenue. ATTACHMENTS . Draft Resolution . Location Map . Wall Sign Elevations Page 3 RESOLUTION NO. 2008-PZ13 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR SIGNAGE AT 4355 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0701) has been submitted by Varibest Printing to the Plamllng and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4355 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for signage for Varibest Printing located at 4355 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on July 1,2008; WHEREAS, the Plmming and Zoning Commission has considered the advice and recommendations of the City staffregmding the effect of the proposed site plan upon the health, safety, and welfme 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 sUlTounding meas; and NOW, THEREFORE, BE IT RESOLVED by the Plamling and Zoning Commission ofthe City of Columbia Heights after reviewing the proposal, that the Plamling and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this mticle, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plml. 3. The site plan is consistent with any applicable area plM. 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 tillS permit the city and the applicant agree that tllis 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 ofthe permit. Resolution No. 2008-PZ13 Page 2 Passed this 151 day ofJ uly 2008, Offered by: Seconded by: Roll Call: Ayes: Nays: CHAIR Marlaine Sznrek Attest: SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this docWllent to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. 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