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HomeMy WebLinkAboutAugust 6, 2008 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING AUGUST 6, 2008 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Schmitt, seconded by Peterson, to approve the minutes ji-OIn the meeting of July i, 2008. All ayes. MOTiON PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0801 Buetow & Assoc. 825 41st Avenue Preliminary Plat Approval, Vacation of Jackson St. right of way, and Site Plan App,'oval INTRODUCTION Sargent eXplained that at this time, the City of Columbia Heights is requesting three approvals in conjunction with the constt'Uction of a public safety facility located at 825 - 41't A venue. They are as follows: I. A Preliminary Plat approval. 2. The vacation of a portion ofthc Jackson Street right-ot:way. 3. A Site Plan Approval. In early 2008, the City Council explored many options in locating the new public safety building and it was determined this site which was purchased by the City of Columbia Heights for future redevelopment opportunities, meets all the logistical criteria for the new public safety building. On June 23, 2008, the City Council reviewed and approved the second reading of Ordinance No. 1549, rezoning the subject parcel from R-4, Multiple-Family Residential, to PO, Public and Open Space. On July 24, 2008, the ordinance became effective. BACKGROUND The necessity for a new public safety building is based on lack of space and poor building conditions of the current police and fire stations. Sargent reviewed the list of deficiencies of the current facility with thc members. The City Council has hired Buetow and Associates to help design the new building. Randy Engel, the Principal-in-Charge architect with the tirm, has received input to address all the concerns of the current public safety facility. Mr. Engel and his team have designed a building that meets today's standards for a functional and civilian-friendly facility. City statYalso held a neighborhood mceting that took place on July 24,2008, to help address some concerns that neighboring property owners may have regarding this project. PLANNING & ZONING COMMISSION MINUTES PAGE 2 AUGUST 6, 2008 A common concern fi'om the neighboring property owners is the amount of noise that will be generatcd from the policc and fire vehicles leaving the sitc. The Police and Fire Departments are aware that the new building will be located in thc middle of a residential area, and will do everything they can to reduce the amount of noise generated from the cmergency vehicles. Because of thc building's proximity to Central Avenue, and the fact that Central A venuc is one of the main arterials of the city, most of the cmergency vehicle traffic will be directed to Central A vcnue first, away from the residential properties to the west. Sargent reviewed routcs the emergency vehicles would use on overhead maps. COMPREHENSIVE PLAN Promoting the health, safety and gcncral welfare of the public is a goal of the Comprehcnsive Plan. By constructing a ncw public safety building, the city will be able to provide bcttcr and more efficient police and fire services to Columbia Heights. For this reason, the proposal is consistent with the Comprehensivc Plan. ZONING ORDINANCE On June 23,2008, the City Council reviewed and approved the sccond reading of Ordinance No. 1549, rezoning the subject parcel from R-4, Multiple-Family Residential, to PO, Public and Open Space. On July 24, 2008, the ordinancc became effective. The surrounding arca is all residentially zoned, with Medium Density classifications to the south and east, and One and Two Family classifications to the north and west. Preliminary I'lat The city has decidcd to plat the current propcrty to make it easier to record thc new necessary drainage and utility easements. The existing drainage and utility casements will be vacated through quitclaim deeds prior to the approval ofthe final plat for this project. Vacation of Jackson Street The proposal includes the vacation of the southern portion of Jackson Strect that abuts the property. The purpose for the vacation ofthis scction of right-of-way is to squarc off the plat in that area, while making it easier to establish necessary curb cuts, boundary fences and drainage and utility easements. The portion of Jackson Street to be vacated is legally described on the Preliminary Plat. Site Plan Approval Randy Engel and David Olds from Buetow and Associates spent a considerable amount of time designing a building that is functional and located in the best place in relation to the existing topographic grades and the best access to the major thoroughfares in the city. The final design places the building on the south end of the property, adjacent to, and facing 41 s[ Avenue. BUILDING DESIGN. The 43,000 square foot public safety building design utilizes a traditional approach, with the entire of the building constructed of brick, stone and glass. The Police Station area of the building ranges from 14 feet to 21 feet in height, while the majority ofthc Fire Station will be 28-32 feet in height. The bell tower is thc highest portion of the building, with the edge of the masonry at 39 feet in height. PARKING. The 43,000 square foot public safety building has approximately 12,500 square feet of office space and also incorporates a 1,400 square foot Emergency Opcrations Center (EOC). The City Code requires one parking stall for each 300 square feet of office space and one parking stall for every 3.5 seats in an assembly place, bascd on design capacity. In total, the public safety building requires 42 parking spaces for the office component and 27 parking stalls for the EOC, based on a maximum seating capacity PLANNING & ZONING COMMISSION MINUTES PAGE 3 AUGUST 6, 2008 of 94 people. In total, 69 on-site parking stalls are required. The site design includes 113 surface parking stalls with additional enclosed parking stalls used for the emergency vehicles. LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall also have a minimum of one over-story tree for each 20 spaces or fraction thereof as well. The property at 825 - 41 st A venue has approximately 1,008 feet of street frontage along 41 st and 42"<1 Avenues and Jackson Street, and incorporates 113 surface parking stalls. This requires twenty regular trees and six over-story trees. The proposed plans indicate a total of 79 trees, all of which are over-story trees, meeting the City's minimum requirements. One of the main efTorts in the landscaping design was to place trees and shrubs in a manner that would help screen the building from adjacent residential views. A City Code requirement is to screen the parking lot area from adjacent residential properties with a screening mechanism that provides an 80% opaque screen on a year-round basis. There are two parking areas adjacent to residential properties. The eastern property line abuts a townhouse development, however the parking lot area will site approximately 10 feet above the abutting grade. This land will be retained by a wall, which will provide the necessary screening. The western property line abuts several single-family homes. The landscape plans indicate the use of a decorative, 4-foot wrought iron fence with a mix of deciduous and coniferous trees to provide screening. However, in order to maintain 80% opacity, some of the deciduous trees will be replaced with conifers along those sections directly adjacent to the residential homes. FINDINGS OF FACT P,'climiuaJ1' Plat Section 9.104 (K) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a preliminary plat: 1. The proposed preliminary plat conforms to the requirements of ~9.115. Code Section 9.115 is the Subdivision Regulations. The preliminCIIY plat application meets all the requirements outlined in this section. 2. The proposed subdivision is consistent with the Comprehensive Plan. The proposed preliminCIIY plat is consistent with the Comprehensive Plan, as it is a redevelopment initiative that will provide police andjire protection to the general public, thus ensuring the health, sajety and general welfare of the public. 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. The preliminary plat includes a vacated section of the Jackson Street right-of-way in an attempt to promote good planning design principles. The vacation of the right-of-"(lay will allow jar larger drainage and utility easements, as well as a better site layout when the project is complete. The City Engineer has reviewed the preliminCIIY plat and has approved the proposed easements throughout. PLANNING & ZONING COMMISSION MINUTES PAGE 4 AUGUST 6, 2008 Vacation Section 9.104 (I) of thc Columbia Heights zoning code requircs that the City Council make each of the following findings before vacating a street, or other public alley or right-of-way: I. No private rights will be injured or endangered as a result of the vacation. The entire portion of the Jackson Street right-oj~way to be vacated is bounded by the property located at 825 - 41" Avenue. The vacation of the right-o.f-way will allowfor larger drainage and utility easements, as well as a better site layout when the project is complete. 2. The public will not suffer loss or inconvenience as a result ofthe vacation. The previous use of the proposed right-o.f-way to be vacated was as an access into the NEI School '.I' parking lot. The proposed use of this land is also a driveway to gain entlY into the public service building property. For this reason, the public will not sl((fer any loss or inconvenience as a result of the proposed vacation. Site Plan App.'oval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings beforc approving a site plan: I. The site plan conforms to all applicable rcquirements of this article The site plan meets all the requirementsfor setbacks, on-site parking stalls, landscaping and storm water management, and co'?forms to all other applicable requirements of the code. 2, The site plan is consistent with the applicable provisions of the city's comprehensive plan. The site plan is consistent with the Comprehensive Plan, as it is a redevelopment initiative that will provide police andjire protection to the general public, thus ensuring the health, safety and general we(fare of the public. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this section of the city. 4. The sitc plan minimizes any adverse impacts on propcrty in the immcdiate vicinity and the public right-of-way. The building and related parking lot meets all the required setbacks as established in the zoning code. Ample screeningji'om adjacent residential views has also been incorporated to ensure that there will be no adverse impacts on the property in the immediate vicinity and public right-o.f-way. Staff recommends approval of the Preliminary Plat, the vacation of the right of way, and approval of the Site Plan. Ouestions from Members: Peterson asked where Fire Trucks would exit fl'ol1l the building. Sargent explained the trucks will drive along side the building and enter from the rear and they will exit from the front onto 41 51 Avenue. They will no longer bc backing in vehicles as it has becn done at the present location. PLANNING & ZONING COMMISSION MINUTES I' AGE 5 AUGUST 6, 2008 Schmitt asked if the emergcncy vehicles had to use their lights and sirens whcn leaving the building. Gary Gorman, Fire Chief, stated it is a State Law that they do have to usc lights and sirens when responding to a call for liability reasons. They wouldn't be used when leaving for non-emergency calls. She then asked how often the Fire Dept. responds to calls at night. Gorman said that varies, but an average would be about 2 a night. Most often it is just one vehicle going out for a medical call. Schmitt then asked why some of the bedrooms shown on the drawings didn't have windows, since she thought it is mandatory. Thc architect stated that thcse are not thc final plans. They wcre supplemental plans to give thc members an idea of the building layout potential. The approval tonight is only for the Site Plan, not the building plan approval. Fiorendino wanted details on the screcning that would bc used next to the residential areas. Sargent cxplained it would be a mixture of trees and/or fcncing. Staff thought greenery would look better than just fencing. Whatcvcr the plan, it will bc 80% opaque. Hc said the trees would be at least 6 ft. tall along the alleyway and that Birch trees would be used around the rctention pond area. Thompson liked the building design. He questioned the thickness of the concrete being used on the driveway areas. He noted that some of the areas didn't have the heavy-duty concrete design. The Architect stated that since this plan was submitted they have corrected that so all driveway areas will be a hcavy duty design. The Architect also reviewed the parking areas for the building and noted areas that could be used for additional parking, if needed. Thompson asked ifthe noise ordinance applies whereby the decibel rating must be below a certain level. Gorman stated that only applies to commercial structures, not to Fire and Police services. PUBLIC HEARING OPENED Steve Smith of 3813 Lincoln St was present as a member ofImmaculate Conception Church. He asked if 41st A venue was designed to handle the weight of the trucks. He was told the streets are designed to handle the Fire Trucks, and emergency vehicles are exempt from the spring weight limits. The Engineering Dept. has been involved in the planning process and does not have concerns with the construction of the street. Smith also expressed concern with people driving the wrong way on Jackson St. It happens frequently now and he expects that to increase with people trying to access a public building. Szurek agreed Jackson St. needs to be better marked for church members, residents, and people accessing the Police and Fire Facility. She suggested making the signs larger or adding t1ashers when emergency vehicles would be in use. Schmitt suggested possibly adding a stop light at 40th and Jackson St. that would utilize the white Hashing light notifying drivers of an emergency vehicle approaching. Gary Peterson suggested these items go to the traffic commission for a recommendation on how to handle these concerns. Peterson asked the Architect if any type of warning light is being considered at this time. The Architect stated it has not been addressed, but it is a policy issue, not an architectural issue. Gorman stated that it has not been needed at the present location, and he doesn't see it as a problem for the new site. It is common practice for the trucks to pull out slowly, shut the door, and then to proceed. PUBLIC HEARING CLOSED: PLANNING & ZONING COMMISSION MINUTES PAGE 6 AUGUST 6, 2008 Motion by Peterson, seconded by Schmitt, that the Planning Commission recommend the City Council approve the preliminary plat based on follml'ing conditions of approval that have been found to be necessmy to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The stormwater features, which include the pond, infiltration hasin and trench, shall be constructed first in the grading sequence and then protected. 2. Ditch checks shall be pr~formed until tUllis established. 3. All construction traffic shall be directed through the vehicle tracking pads, as indicated on the plan. The Planning Commission recommends limiting construction site access to 41"' Avenue and prohibiting construction accessfi'om Jackson off of 4211<1 Avenue. 4. All erosion control measures shall be installed and inspected by the Engineering department prior to any site activities beginning. 5. All restoration of tUll areas in the Puhlic Right-o.f-Way (ROW) shall be by 4 inches of topsoil/sodding. 6. Catch basin inlet protection, such as Wimco '.I' or equivalent shall be provided on 41"' Avenue. 7. All slopes greater than 3: 1 shall be provided erosion control blanket. B. The type and size of riprap to be used for slope protection must be :'pecified. 9. Site/Civil work shall be impected by the City Engineering Department. 24-hour advance notice o.f an inspection is required. 10.Any site grading prior to final plat approval will require an excavation permit. obtainedfi'om the Engineering department. 11. An NP DES permit will be required, at the time o.f construction. Additional erosion control measures may be required during construction, as conditions warrant. 12. Coarse grain removal should he provided for sUllace runoffprior to entering the infiltration basin - all parking lot runoffshould be preseffled - CB 5, 6, and 7 should have sump manholes. 13. The riprapfor thefiared end inlet at the retention pond should be extended through the 10:1 bench area. 14. The stormwater plan does not include the property to the north a separate stormwater management plan will be required when this property is developed. 15. Due to the pond slopes above the NWL, the pond should be provided with a continuous perimeter fence. 16.Any revisions to the sidewalk in the Public ROW shall meet the most current ADA and City requirements for pedestrian ramps and grade. 17. Conduit sleeves should be provided at driveway crossing forfilture use (electrical or irrigation). 1B.All utilities (water main, sanitmy sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 19. Disconnect any existing utility service stubs in accordance with Public Works requirements. All ayes. Motion Passed. The following Resolution will go to the City Council August 11,2008. PLANNING & ZONING COMMISSION MINUTES PAGE 7 AUGUST 6, 2008 RESOLUTION NO. 2008-XXX RESOLUTION APPROVING A PRELIMINARY PLAT SUBDIVISION FOR 825 41sT AVE NE WHEREAS, a proposal (Case No. 2008-0801) has been submitted by the City of Columbia Heights requesting a Preliminary Plat for a parcel of land at the following location: ADDRESS: 825 - 41 " Avenue NE EXISTING LEGAL DESCRIPTION: Lot 1, Block 1, Northwestel'l1 2'''' Addition PROPOSED LEGAL DESCRIPTION: Columbia Heights Public Safety Center First Addition. THE APPLICANT SEEKS APPROVAL OF A PRELIMINARY PLAT SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the efleet of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any eoneel'l1S related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on August 6, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: I. The proposed preliminary plat conforms to the requirements of 99.115. 2. The proposed subdivision is consistent with the Comprehensive Plan. 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part ofthis subdivision approval. CONDITIONS: I. The stormwater features, which include the pond, infiltration basin and trench, shall be constl'llctcd first in the grading scquence and then protected. 2. Ditch checks shall be preformed until turf is established. 3. All construction traffic shall be directed through the vehicle tracking pads, as indicated on the plan. The Planning Commission recommends limiting construction site access to 41 " Avenue and prohibiting constl'lletion access fi'OlD Jackson off of 42"01 Avcnue. 4. All erosion control measures shall be installed and inspected by the Engineering department prior to any site activities beginning. 5. All restoration of turf areas in the Public Right-of-Way (ROW) shall be by 4 inches of topsoil/sodding. 6. Catch basin inlet protection, such as Wimco's or equivalent shall be provided on 41" Avenue. 7. All slopes greater than 3: 1 shall be provided erosion control blanket. 8. The type and size of rip rap to be used for slope protection must be specified. 9. Site/Civil work shall be inspected by the City Engineering Department. 24-hour advance notiec of an inspection is required. 10. Any site grading prior to final plat approval will require an excavation permit, obtained from the Engineering department. 11. An NPDES permit will be required, at the time of construction. Additional erosion control measures may bc required during construction, as conditions warrant. 12. Coarse grain removal should be provided for surface runoff prior to entering the infiltration basin - all parking lot runoff should be presettled - CB 5, 6, and 7 should have sump manholes. 13, The riprap for the flared end inlet at the retcntion pond should be extended through the 10: 1 bench area. PLANNING & ZONING COMMISSION MINUTES PAGE 8 AUGUST 6, 2008 14. The stormwater plan does not include the property to the north a separate stormwater management plan will be required when this property is devcloped. 15. Duc to the pond slopes above the NWL, thc pond should be providcd with a continuous perimeter fencc. 16. Any rcvisions to thc sidewalk in the Public ROW shall mcet the most current ADA and City rcquirements for pedestrian ramps and grade. 17. Conduit sleeves should be provided at driveway crossing for future use (electrical or irrigation). 18. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 19. Disconnect any existing utility service stubs in accordance with Public Works requirements. Motion by Fiorendino, seconded by Peterson, that the Planning Commission recommends approval of the requested vacation of the Jackson St Right of Way as described herein based on following conditions of approval that have been found to be necessmy to protect the public interest and ensure compliance 'with the provisions of the Zoning and Development Ordinance. All ayes. Motion Passed. The following Ordinance will go to the City Council August 11, 2008. DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE VACATING A PORTION OF THE JACKSON STREET lUGHT-OF-W A Y The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described property, to wit: That part of Jackson Street N.E., lying within the plat of NORTHWESTERN 2ND ADDITION, Anoka County, Minnesota, which lies southerly of the following described line: Commencing at the southwest cornel' of Lot I, Block I, Northwestern 2'''' Addition, Anoka County, Minnesota; thence North 00 degrees 02 minutes 27 scconds East, along the Westerly line of said Lot I, a distance of359.87 fect; thence South 89 dcgrees 36 minutes 35 seconds East, along the Northerly line of said Lot I, a distance of 129.01 feet to the westerly right of way linc of Jackson Street N.E., and thc point of beginning of the linc to be described; thence continuing South 89 degrees 36 minutes 35 seconds East a distance of 60.00 feet to the easterly right of way line of said Jackson Street N.E. and there terminating. Section 2: The vacation of the right-of-way dcscribed above shall be subject to the following condition: [None at this point] Section 3: This ordinance shall be in full force and effect from and atter 30 days aHer its passage. Motion by Fiorendino, seconded by Schmitt, to waive the reading o/Resolution No. 2008-PZI4, there being ample copies available to the public. All ayes, Motion Passed. Motion by Fiorendino, seconded by Peterson, to adopt Resolution No, 2008-PZI4, being a resolution approving a site planfor the City of Columbia Heights Public Safety Building located at 825 - 41" Avenue. All ayes. Motion Passed. PLANNING & ZONING COMMISSION MINUTES PAGE 9 AUGUST 6, 2008 RESOLUTION NO. 2008-PZ14 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW PUBLIC SAFETY BUILDING LOCATED AT 825 _41sT AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-080 I) has been submitted by the City of Columbia Heights to the Planning & Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 825 - 41 ,t Avenue LEGAL DESCRIPTION: Lot I, Block 1, Northwestern 2"" Addition THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a new public safety building located at 825 - 41 sf ^ venue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on Augnst 6, 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 nses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site 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 penuit 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 6'" day of August 2008, Offered by: Seconded by: RollCall: Fiorendino Peterson All Ayes CHAIR Marlaine Szurek AI/est: SECRETARY, Shelley Hanson PLANNING & ZONING COMMISSION MINUTES PAGE 10 AUGUST 6, 2008 CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0802 City of Columbia Heights City Wide Zoning Amendment for LED Signage INTRODUCTION On multiple occasions business owners have approached the City asking for permission to incorporate LED and dynamic signage to promote their businesses. The current Sign Code and Design Guidelines specifIcally prohibit the use of variable electronic message signs, and a code amendmcnt would be required before these businesses could be allowed to use this signage. Much research on dynamic signage has been donc, and many other cities have recently amended their ordinancc to regulate elcctronic signs. A report was cnclosed in thc packet that included the City of Columbia Hcights' standards regarding dynamic signagc, and the different types of dynamic signs available. At this time, staff recommends amending the sign code in order to address and control LED and dynamic signage, in an effort to promote thc cconomic vitality of the city, while ensuring that the signage is not obtrusive, distractive or incompatible with the overall character of thc commercial districts throughout the city. WHAT IS LED SIGNAGE AND DYNAMIC SIGNAGE? "LED" stands for Light Emitting Diode, and is the industry-standard way of describing a changeable electronic sign. Per a study conducted by SRF Consulting Group, Inc. for the City of Minnetonka, a definition of Dynamic Signage was given as: Any characteristics of a sign that appear to have movemcnt or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component ofthe sign. This includes a display that incorporates a technology or method allowing thc sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Examples of such signage include Electronic Changeable Copy signs, Electronic Graphic Display signs, Video Display signs, and Timc and Temperaturc signs. Figurc I is an example of some proposed sign standards used by the City of Bloomington, and shows the difTerence betwccn the above-listcd signs. COMPREHENSIVE I'LAN One of the goals of the Comprehensive Plan is to prcserve and enhancc the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing dynamic signage is a way to enhance economic vitality by giving the commercial owners a mechanism to advcrtise their business in an efficient and aesthetic manner. PLANNING & ZONING COMMISSION MINUTES PAGE II AUGUST 6, 2008 ZONING ORDINANCE Section 9.106 (P)(6)(e - f), Prohibited Signs, lists "an animatcd or rotating sign, exccpt barbcr polcs and signs displaying time and temperature information only in the animated or rotating portion thereof" and "a flashing sign, including indoor flashing, electronic signs visible fi'om the public right-of~way, other than time and temperature signs limited to such time and temperature information", as specifically prohibited in the City of Columbia Heights. The Design Guidelines state, "Variable electronic mcssage signs are not permitted, with the exception of existing time/tcmperature signs". The zoning code and Design Guidelines would have to be amended to help regulate thc use of dynamic signage throughout the city. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code rcquires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to p/'Omote reinvestment in properties by the commercial and industrial sectors. Allowing dynamic signage is a way to enhance economic vitality by giving the commercial owners a mechanism to advertise their business in an efficient and aesthetic manner. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would ({[[ect all business owners throughout the city and not solely fiJr the benefit ofa single property owner. 3. Whcre the amendment is to change the zoning classification of a particular property, the existing use of the propcrty and the zoning classification of property within thc general area of the property in question are compatible with the proposed zoning classification. 1/1e amendment would not change the zoning classification ofa particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a changc in the character or trend of development in thc general area of the property in question, which has takcn placc since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. RECOMMENDATION Sargent explained the two options the Commission could choose. If the City Council chooses to allow all or certain types of dynamic signs, Staff recommends that regulations be imposed on such sigllage. PLANNING & ZONING COMMISSION MINUTES PAGE 12 AUGUST 6, 2008 Recommended Regulations Include: . Allowing such signs only in the CBD, GB, MXD, and PO Dish'icts. . Allowing high schools and religious institutions the use of such signs, regardless of the zoning distl'ict they a,'e located in. . P,'ohibiting motion, animation and video electronic signs. . Restricting the time duration of message changing to no less than once every 10 minutes in non-residential zones and no less than once 30 minutes in residential zones. . Allowing e1ech'onic signs only as a component of a monument sign. . Limiting the electronic signs to occupy no more than 50% of a monument sign. . Requiring an automatic dimmer control. . Requiring electronic signs to be no less than 35 feet from othe,' electronic signs. If the City Council chooses to prohibit elech'onic and dynamic signs, Staff recommends that the current City Code be amended in OI'der to c1al'ify that these types of signs are indeed prohibited. A definition of electronic and/or dynamic sign should be added to the Code with specific references made to them in the text. However, staff also ,'ecommends that gas station price signs be exempt, and electronic signs may be allowed to display gas prices only, with no limitation to the number of times during the day in which the price may be changed. Ouestions bv Members: Fiorendino asked why the duration for changing a message in a residential zone is set at 30 minutes when signs aren't permitted in residential zones. Sargent clarificd that a dynamic sign could bc used in a residential zone if the site is used as a school or church. I-Ie asked how it would incrcase the vitality or profitability of a business. Sargent said he has received quite a few requests over the years for this type of signage. Businesses can then advertise their specials and draw attention to their business. Ifthis type of signage is allowed, we would nced to keep some controls on the design and usagc to make sure they are aesthetically pleasing. He admitted it is a balancing act of sorts. Fiorendino didn't think this accomplishes what we've been trying to do with the sign regulations currently in place. He believes it will "junk up" the area, rather than clean it up as we've been trying to do, Schmitt agreed with Fiorendino. She doesn't think these types of signs belong on Central Ave. She stated they should be limited in size. Sargent told her the size is included in the Ordinance. They would have to be monument type signs with a maximum square footage of 40 sq. ft. and only 50% ofthat could be LED advertising. Szurek clarified that the messages could not be scrolling, The messages can change, but only once every 10 minutes for the Commercial zones. Sargent reviewed the standard in the Ordinance. He said this may prompt businesscs to change from pylon signs to monument signs, and that it would probably reduce the number of temporary banners that are being used now, There are currently three businesses in town that utilize a LED sign. They are the Credit Union, NE Bank and Jeff-Bobby & Steve's. These businesses would need to comply with the standards of the new Ordinance and could only change their messages every 10 minutes. PLANNING & ZONING COMMISSION MINUTES PAGE 13 AUGUST 6, 2008 Public Hearing Opened: No one was present to speak on this issue, Public Hearing Closed: Motion by Peterson, seconded by Schmitt, that the PlanninK Commission recommends the City Council approve the proposed zoning amendment. Ayes: Thompson, Peterson, Szurek Nays: Schmitt and Fiorendino MOTION PASSED. The following Ordinance will go to the City Council for consideration August 11, 2008. DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, ClTY CODE OF 2005 RELATING TO LED, DYNAMIC, AND OTHER SIGNAGE WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~ 9.103 DEFINITIONS. For the purpose of this article, the foi/owing definitions shall appfcy unless the context clearly indicates or requires a different meaning. SIGN, DYNAMIC LED. Any characteristics of a sign that appear to havc movemcnt 01' that appeal' to changc, caused by any method other than physically rcmoving and replacing thc sign 01' its components. This inclndes a display that incorporates a technology 01' mcthod allowing thc sign face to change the image without having to physically 01' mechanically rcplace thc sign facc 01' its componcnts. This also includes any moving, flashing, blinl<ing, 01' animatcd display and any display that incorporatcs LED lights manipulated through digital inpnt, "digital in\{" 01' any other mcthod 01' technology that allows the sign face to present a series of images 01' displays. SIGN, ELECTRIC. A sign that uses electrical wiring on, in or near such sign to effcct movement and/Of illumination,iHelusi',e of i1bminateEl signs. SIGN, VARIABLE ELECTRONIC MESSAGE. A dynamic LED sign that changes its message more freqnently than once evcry ten (10) minutes for conllne,'cialand industrial properties located in the LB, GB, eBD, I-land 1-2 zoning districts and a dynamic LED sign that changes its message more frequcntly than once every thirty (30) minntes for religious andlor cducational institntions located in the R-1, R-2A, R-2B, R-3, R-4 and LB zoning districts. Chapter 9, Article 1, Section 9.106 (1')(6) of the Columbia IIeights City Code, is pl'Oposed to include thefoi/owing additions and deletions: 99.106 GENERAL DEVELOPMENT STANDARDS. (I') Sign regulations. (6) Prohibited Signs. Signs that are not specifically permitted in this division are hereby prohibited in ai/ districts unless criteria is presented to allow the Planning Commission to deem that the sign, design preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing. the following signs are specificalfcv prohibited: PLANNING & ZONING COMMISSION MINUTES PAGE 14 AUGUST 6, 2008 (a-p) [SEC110NS TO REMAIN UNCIIANGED] (q) Varillble elect/'ollic message siglls. Chapte/' 9, Article I. Section 9.106 (1') of the Columbia Heights City Code, is proposed to include the followillg additions and deletions: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (8) Dynamic LED sign age. (a) Regulations. DYllamic LED sigllage is 11110 wed as a comlitiollalllse ill those ZOllillg dist/'icts specified ill this code. All dYllamic LED sigllage is sllbject to thefollowillg cOllditiolls: 1. DYllamic LED siglls a/'e allowed ollly OllmOllllmellt siglls fa/' cOllditiollally pe/'mitted IIses ill all zollillg dist/'icts, with the exceptioll of motol'fllel statiolls, which may di~1Jlay dYllamic LED siglls as a pa/'t of the pyloll sigll. DYllamic LED siglls may occIIPy 110 mo/'e thallfifty pe/'cellt (50%) lifthe actllal copy amI g/'aphic a/'ea. The /'emaillder of the sigllmllst 1I0t hllve the cllpability to have dYllamic LED siglls, evell ifllot IIsed. Ollly aile, cOlltigllollS dYllamic displl~V area is 11110 wed alia sigllface. 2. A dYllamic LED sigllmay 1I0t challge a/' move mo/'e oftell thall ollce evelY tell (10) mbllltesfo/' comme/'cial or imlllst/'ialuses, IImll/O more thall ollce evelY thi/'ty (30) mill utes fa/' /'eligious alld/o/' educatiollal illstitutioll uses, except aile for which challges are lIecessll/'y to cO/'l'ect hou/'-alld-millute, date, a/' temperatu/'e b,fo/'mlltioll. 3. A di~plllY liftime, date or tempel'atu/'e bifo/'matiollmay challge asft'equelltly as ollce evelY tell (10) secollcll', howeve/' b,fo/'matioll di.11Jlayed 1I0t I'elatiug to the date, time or tempel'atu/'e mllst 1I0t challge or move II/O/'e I!ftell thllll ollce eve~v tell (10) millutesfol' comme/'cilll a/' illdustrillluses, amI 110 IIlOl'e thllll ollce evel:V thi/'ty (30) mill lites for religious mul/ol' educlltiollal illstitutiollllses. 4. The imllges IImlmessages di~1Jlayed must be static, amI the t/'llllSitiollft'om aile state di~1JlllY to allothe/' must be illstlllltlllleous without allY ~pecial effects. Motioll, allimlltiolllllld video images II/'e prohibited all dYllllmic LED sigll displllYs. 5. The illlllges IIl1d messages di~played mllst be complete ill themselves, witllOllt cOlltilluatioll ill cOlltellt to the lIext imllge O/' mes.mge O/' to allY othe/' sigll. 6. DYllamic LED siglls must be desiglled IIl1d equipped to ji-eeze the device ill olle positioll if a ma(fullctioll shllll occur. The di~1)lays must also be equipped with a mealls to immediately discolltilllle the di~play if it ma(filllctiolls, alld the sigll OWIIe/' mllst immediately stop the dYllllmic display whell lIotified by the city that it is 1I0t complyillg with the stalldal'ds of this o/'dillallce. 7. DYllamic LED siglls may 1I0t exceed amllximllm iIIumbllltioll of5,000 lIits (camlelas pe/' square meter) dll/'illg dllylight IlOu/'s amlamllximllm iIIumillatioll of 500 lIits (clllulelas pel' squa/'e metel) betweell dusk to dawlI liS measu/'ed ft'om the sigll 's face at maximum brightlless. DYllamic LED sigllS III11St have IIIlalltomlltic dimmer cOllt/'ol to pl'Odllce II distillct illllmillatioll challgef/'omahighel' illllmillatiolllevel to alowe/' level fa/' the time period betweell olle-lllllf haul' befo/'e sUllset amI aile half-l/OII/' afte/' SIlII/'ise. PLANNING & ZONING COMMISSION MINUTES PAGE 15 AUGUST 6, 2008 8. Dynamic LED signs existillg on the effective date oftllis o/'dillallce must comply with the operatiollal stmula/'d5listed above. All existing dYllamic LED sigllthat does Ilot meet the st/'uctu/'al/'equi/'ements may contiuue as a nOIl-conjimning sigll subject to section 9.105 (E). Chapte/' 9, A/'ticle 1, Section 9,106 (P)(S) of the Columbia Heights City Code. is p/'oposed to include the following additions and deletions: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (1') Sign/'egnlations, f&:)(9) Signs ill Residential Dist/'icts R-1, tmtl R-2A, aJ/(1 R-2B. (a) [SECTION TO REMAIN UNCHANGED] (b) Rest/'ictions on pe/'mitted signs, Permitted signs in the R-I, Single-Family Residential, and R-2A and R-2B, Two-Family Residential Districts are subject to the following restrictions: 1, [SECTION TO REMAIN UNCHANGED] 2, [SECTION TO REMAIN UNCHANGED] 3, [SECTION TO REMAIN UNCHANGED] 4, [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs. In the R-l, R-2A and R-2B Districts, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED Sign used in conjunction with a religious institution. 2. A Dynamic LED Sign used in conjunction with an educational institution. (d) Restrictions on COJ/(litiOlwl Use Signs. Signs requiring a Conditional Use Permit in the R-l, Single-Family Residential, and R-2A and R-2B, Two-Family Residential Districts arc subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlinCll in ~ 9.104 (II) of the zoning code. 2. All sign age must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a freq uency of no less tlUUl one (1) message for each thirty (30) minutes of display time. Chapter 9, A/'ticle 1, Section 9,106 (P)(9) of the Columbia Heights City Code, is p/'oposed to include thefollowing additions alld deletions: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (1') Sign/'egulaliolls, f9j(10) Signs in Residential Dist/'icts R-3 alld R-4, PLANNING & ZONING COMMISSION MINUTES PAGE 16 AUGUST 6, 2008 (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions 011 permilled siglls. Permitted signs in the R-3, Limited Multiple Family Residential, and R-4, Multiple-Family Rcsidential Districts are subject to the following restrictions: l. 2. 3. 4. [SECTION TO REMAIN UNCHANGED] [SECTION TO REMAIN UNCHANGED] [SECTION TO REMAIN UNCHANGED] [SECTION TO REMAIN UNCHANGED] (c) COllditiollal Use siglls. In thc R-3 and R-4 Districts, thc followings signs shall reqnirc a Conditional Use Permit: 1. A Dynamic LED Sign used in conjunction with a rcligious institution. 2. A Dynamic LED Sign uscd in conjunction with an educational institution. (d) Restrictiolls OJ/ Conditiollal U~e Siglls. Signs requiring a Conditional Use Permit in the R-3, Limited Multiple-Family Residential, and R-4, Multiple-Family Residential Districts are subjcct to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in ~ 9.104 (ll) of the zoning code. 2. All sign age must mcet the requircments for Dynamic LED signs, as outlincd in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its mcssage with a frequency of no less than onc (1) message for each thirty (30) minutes of display time. Chapter 9, Article 1, Section 9.106 (P)(10) of the Columbia Heights City Code, is proposed to include thefollowing additiuns and deletions: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. 84)(11) Signs in LB, Limited Business District. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions Oil permitted signs. Permitted signs in the LB, Limited Business District, are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] (c) Conditional U,'e signs. In the LB District, the followings signs shall requirc a Conditional Use PCI'mit: PLANNING & ZONING COMMISSION MINUTES PAGE 17 AUGUST 6, 2008 1. A Dynamic LED Sign used in conjnnction with a commercial bnsincss. 2. A Dynamic LED Sign used in conjunction with a rcligious institution. 3. A Dynamic LED Sign used in conjnnction with an educational institntion. (d) Restrictiolls 011 COllditiollal Use Siglls. Signs reqniring a Conditional Use Permit in the LB, Limited Business District, are subject to the following restrictions: 1. All signage mnst be approved throngh the Conditional Use Permit process as ontlined in ~ 9.104 (II) of the zoning code. 2. All signage mnst meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time for commercial businesses. 4. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time for religious or educational institutions. Chapter 9, Article I, Section 9.106 (P)(ll) of the Columbia Hcights City Code, is proposed to include the following additions and deletions: ~ 9.106 GENERAL DEVELOl'MENT STANDARDS. (P) Sigll regulations. 8+l(12) Signs ill CBD, Central Busilless District. (a) Permitted signs. In the CBD, Central Business District, the following signs shall be permitted: 1. [SECTION TO REMAIN UNCHANGED] 2. One li'eestanding pylen sign ani)' if the building 01' structure is located adjacent te a state trunk highwa)' and loeated 20 feet 01' more from the front lot line, not to eKceed 75 square f-eet pel' structll1'e, and Iin1ited to two sll1'faees. Provides, ho'",ever, that (n) if the building contains more than &0,000 square ['eet of gross floor area 01' the site on '",hich the building is lecated eontains more than 90,000 sq:lare feet of surface area, (11) if the streot fronlage ef the site en which the building 01' structure is located exoeeds 150 fect in Icngtl1, and (e) if the b:Jilding is locates 20 fect 01' more from the li'ont lot line and is loeates adjacent to a state trunk higl1'",ay, a second freestanding signs not to CllCced 75 square feet and limited to t.....o surfaces shall be-permitted at a location at least 50 reet distant from an)' ether freestanding sign and at lellst 25 feet distant frem the lot line of any adjoining parcel of !ftl1d other than a street 01' alley. ~2. If not located adjaeent to a state 01' trunk highvo'a)' and/or where the 20 foot setback e[lllllet be met, one One monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed 8 feet in height, and set a minimum of 5 feet from any property line. +'3. Any pylon or monument sign must be a minimum of five feet from any building 01' structure on the same lot. PLANNING & ZONING COMMISSION MINUTES PAGE 18 AUGUST 6, 2008 ~4. One wall sign on each side ofthe building that faces a public alley, not to excced fom square feet pel' smface and limited to one surface per sign. &5. One arca identillcation sign for each shopping center not to exceed 100 square feet per surface, and limited to fom surt'lCes; one wall sign for each primary usc business, not to exceed 100 square feet per surface and limited to one smface. +'6. One idcntillcation sign for each user other than the primary usc, not (0 cxceed two squarc feet pel' smface, and limited to one smface. &9. One wall sign per building with an are of thc lesser of 20 square feet 01' Y, square foot for each front foot of a building or struetme provided that the said sign is located on the same side of the building as an cntrance approved by the City Building Omcial as a public entrance and provided that the said public entrance and sign faces a parking facility designatcd by the city as approved public parking. (b) Restrictions on permitted siglls. Pcrmitted signs in the CBD, Ccntral Business District are subject to the following restrictions: I. [SECTION TO REMAIN UNCHANGED] 2. The maximum height of a pylon sign, induding its stmetures, shall net exeeed 20 feet aeeve tlte-gffide at street level or at the base of the sigll, whicllever is greater. The maximum hcight of a monument sign, including its structures, shall not exceed 8 feet above grade at street level or at the basc of the sign, whichever is grcater. 3. [SECTION TO REMAIN UNCHANGED] (c) COllditiollol Use sigm. In thc CnD District, thc followings signs shallrcquirc a Conditional Usc Pcrmit: 1. Dynamic LED signagc. (d) Restricliolls Oil COllditiollal Use Siglls. Signs rcquiring a Conditional Usc Pc I'm it in thc CnD, Ccntl'lll Busincss District, arc subjcct to thc following rcstrictions: 1. All signagc mnst bc approved throngh thc Conditional Usc Permit process as ontlined in ~ 9.104 (H) of thc zoning code. 2. All signage must meet the requiremcnts for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its mcssagc with a freqnency of no Icss than one (1) messagc for each ten (10) minutes of display time. Chaptcr 9, Article I, Section 9.106 (P)(12) of the Columbia Heights City Code, is proposed to include the following additions and dcletions: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. EH1(13) Signs in GB, General Business District. PLANNING & ZONING COMMISSION MINUTES PAGE 19 AUGUST 6, 2008 (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in the GB, General Business District are subject to the following restrictions: I, [SECTION TO REMAIN UNCHANGED] 2, [SECTION TO REMAIN UNCHANGED] 3, [SECTION TO REMAIN UNCHANGED] 4, [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs. In the GB District, thc followings signs shall rcquire a Conditional Use Pcrmit: 1. Dynamic LED sign age. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the GB, Gencral Business District, are subjcct to the following restrictions: 1. All signagc must be approved through the Conditional Use Permit process as outlined in ~ 9.104 (H) ofthe zoning code. 2. All sign age must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its mcssage with a frequency of no less than one (1) mcssage for each tcn (10) minutes of display timc. Chapter 9, Article I, Section 9,106 (P)(l3) of the Columbia Heigbts City Code, is proposed to include tbe following additions and deletions: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign reglllatiolls, f+.B(14) Signs in 1-1 and 1-2 Industrial Districts" (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in tbe I-I, Ligbt Industrial District, and tbe 1-2, General Industrial District, are subject to tbe following restrictions: I, [SECTION TO REMAIN UNCHANGED] 2, [SECTION TO REMAIN UNCHANGED] 3, [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs. In the 1-1 and 1-2 Industrial Districts, the followings signs shall require a Conditional Use Permit: 1. Dynlllnic LED sign age. (d) Resfl'ictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the 1-1, Light Industrial District, and the 1-2, Gcneml Industrial District, are subject to the following restrictions: 1. All sign age must be approved through the Conditional Use Permit process as outlined in ~ 9.104 (H) of the zoning code. PLANNING & ZONING COMMISSION MINUTES PAGE 20 AUGUST 6, 2008 2. All sign age mnst meet the I'cqnil'ements fol' Dynamic LED signs, as ontlined in section 9.106 (1))(8) ofthis ol'dinance. 3. Dynamic LED Signs may change its mcssage with a fl'equcncy of no Icss than one (1) message fol' cach ten (10) minutes of display time. Chapter 9, Article 1, Section 9,1 IJ6 (1')(14) of the Columbia Heights City Code, is proposed to include the jiJllowing additions and deletions: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations, 841(16) Signs jilr nonconforming residential uses, Sign number and area for residential uses in commercial, business or industrial zones are limited to the maximum number and area for the actual use of the subject property, Chapter 9, Article 1, Section 9,106 (1')(15) of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations, (15) Siglls ill tlIe PO, Public alld Opell Space District. (a) Permitted Siglls. In the PO, Public and Open Space District, the following signs shall be pel'mitted: 1. Any numbel' of wall signs on any side ofa building not to cxceed 200 squal'e fect of total sUl'face al'ca fol' all wall sign sUl'faccs and Iimitcd to onc sUl'face pel' sign. Pl'ovided, howevel', that if a pal'cel of land on which a building is located dil'cctly abuts a I'esidentially zoned land, no wall sign may be located on the side of the building that faces the abutting I'esidential pal'cel. 2. One monumcnt sign pel' stl'eet fl'ontage fol' those pubic facility pal'cels that include governmental offices. Such signs shall not exceed fOl'ty (40) squal'e fect in al'ea, and shall be located no closeI' than five (5) fect fl'om any pl'opel'ty line. 3. Any numbel' of fl'eestanding identification signage used to promote the name of a public city, I'egional 01' statc pal'k. Such signs shall be no gl'eatel' than fOl'ty (40) squal'e feet in al'ea, shall not cxceed tcn (10) fect in height, and shall be located no closcl' than fivc (5) feet fl'om any pl'opel'ty Iinc. (b) Restrictiolls Oil permitted siglls. Pel'mitted signs in the PO, Public and Open Space District al'e subject to the following I'estl'ictions: 1. Total signage shall not exceed two sqnal'c feet fol' cach front foot of building 01' stl'uctUI'C. 2. Thc maximum height of a monument sign shall not exceed eight (8) fcct in height. 3. The sign numbcl' and al'ea pel'mitted by this scction al'e considel'cd maximum. These maximums, 01' any pOl'tion thel'eof, which al'e not utilized by the owncl' 01' useI' of the pl'opel'ty al'e non- tl'ansferable to any other property owned, occnpied 01' used by such pel'sons 01' to any othel' owner 01' user of propel'ty located in the same 01' other districts. PLANNING & ZONING COMMISSION MINUTES PAGE 21 AUGUST 6,2008 Use Permit: (c) Conditional Use signs. In the PO District, the followings signs shall reqnire a Conditional J. A Dynamic LED sign used in conjunction with a governmental facility. (d) Restrictions 011 Conditional Use Signs. Signs requiring a Conditional Use Permit in PO, Public and Open Space District are subject to the following restrictions: 1. All signage must be approved through the Couditional Use Permit process as outlined in ~ 9.104 (H) of the zouing code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ol'{linance. 3. Dyuamie LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time. EM1(17) Minimum yard requirementsjl'eestanding signs. The mlllllllum front, side and rear yard requirements for ti'eestanding signs shall be ten feet from any property line or as otherwise stated in this article. When the bottom edge of the freestanding pylon sign is eight feet or more above grade, the leading edge of the sign may extend within one foot of the property line. Provided, however, no freestanding sign shall invade the area required for traffic visibility by this division. CASE NUMBER: API'LICANT: LOCATION: REQUEST: 2008-0803 City of Columbia Heights City Wide Zoning Amendment for Garage Sales INTRODUCTION Based on complaints received by City Council, there is some concern regarding the number of garage sales that are permitted per property per calendar year. The current zoning codes states, "residential garage sales shall be limited to a total of 12 days of operation per calendar year at any residential location". Staff has realized this is difficult to enforce, and recommends amending the zoning code to restrict the number of garage sale events per calendar year. An article has recently been written in the paper (attached), listing the number of garage sale events allowed in some cities. Staff conducted some research and found regulations for other cities not mentioned in the article. They are: I. Edina: 2. Minneapolis: 3. Maplewood: 4. Sf. Louis Park: 5. Richfield: 6. New I-lope: 7. Maple Grove: 8. Bloomington: 9. Crystal: I per year 2 per year 2 per year 2 per year 3 per year 3 per year 4 per year 4 per year 4 per year PLANNING & ZONING COMMISSION MINUTES PAGE 22 AUGUST 6, 2008 COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to promote and preserve the single-family housing stock as the community's strongest asset. By amending the zoning ordinance to allow no more than two garage sales per property per calendar year, the city would be allowing activities normally conducted in residential neighborhoods, while ensuring that residents do not turn garage sale events into commercial activities. The ordinance change would also preserve the housing stock by making sure that neighborhoods remain uncluttered with constant garage sale traffic. ZONING ORDINANCE The current zoning codes states, "residential garage sales shall be limited to a total of 12 days of operation per calendar year at any residential location". Staff has realized this is difficult to enforce, and recommends amending the zoning code to restrict the number of garage sale events per calendar yeaI'. The proposed change would restrict the number of garage sales per calendar year to two. FINDINGS OF FACT Section 9.1 04 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The amendment is consistent with the Comprehensive Plan, as it would help preserve the city's single-family housing stock as its strongest asset. 2. The amendment is in the public interest and is not solely for the benetit of a single property owner. The proposed amendment would ({ffect the entire city and would ensure that activities conducted in residential neighborhoods are those normallyfound in such zoning districts. The amendment would also ensure that properties 'would not be able to turn garage sale events into commercially related activities. 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 classiJication. The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place sinee such property was placed in the current zoning classifieation. The amendment would not change the zoning classification ofa particular property. Staff recommends amending the zoning code to allow for no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to exceed three (3) consecutive days. The purpose of this amendment is for the city to have an easier way to measure the number of garage sales conducted on a property. The intent is that the enforcement of this provision would only occur upon complaints being made against the property operating the garage sale. Questions from Members: Szurek asked if notices would be sent out to residents. Sargent said notices would only be sent if a complaint was received to inform the resident of the regulations in the Ordinance. PLANNING & ZONING COMMISSION MINUTES PAGE 23 AUGUST 6,2008 Schmitt asked if the definition should be expanded to include antique sales, yard sales, rummage sales, etc. Sargent answered he didn't think it was necessary since the intent of the Ordinance is clear and a general overall definition encompasses all thc "sales" listed above. Fiorendino asked how staff arrived at "2" sales. He thought it may bc too limiting. Sargent explaincd that anything more would be disruptive to a neighborhood since they are seasonal and would be concentrated in a short amount of time Thompson thought it is too constrictive and that the City shouldn't be regulating this type of thing. Schmitt thought this Ordinance is morc generous than the old one that used to be in place that only allowed 2 sales per year for a 2 day timcframe. Sargent stated that this mattcr was brought bcfore the City Council and they were comfortable with the "2" sales per year limit. PUBLIC I-IEARING OPENED: No one was present to speak on this, PUBLIC HEARING CLOSED. Motion by Schmitt, seconded by Peterson, that the Planning Commission recommends the City Council approve the proposed zoning amendment, requiring that no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to exceed three (3) consecutive days, Ayes: Schmitt, Peterson, Szurek Nays: Thompson, Fiorendino, Motion Passed. The following Ordinance will go to the City Council August II, 2008 DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO, 1490, CITY CODE OF 2005 RELATING TO GARAGE SALES IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article 1, Section 9.106 (G)(1) of the Columbia Heights City Code, is proposed to include the following additions alld deletiolls: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (G) TemporOlY uses and structures, The following temporary uscs and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district iu which it is located and all other applicable provisions of this article: (1) Garage Sales. Residential garage sales shall be limited to !Helal of 12 days of operation per calendar year no more than two (2) garage sales pel' property pel' calendar year, with the dnration of each garage sale not to exceed th,'ee (3) consecutive days at any residential location. Section 2: This ordinance shall be inftdlforce and effectfrom and after 30 days after its passage. PLANNING & ZONING COMMISSION MINUTES PAGE 24 AUGUST 6, 2008 CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0804 City of Columbia Heights City Wide Zoning Amendment for Real Estate Signs INTRODUCTION Based on complaints received by the City Council, there is some concern regarding the number and size of residential real estate signs allowed in the City. Staff conducted a survey of the sizes of various real estate signs used by different real estate companies. The sizes of signs ranged from 6 square feet to 14 square feet, depending on the company. Two sections of the sign code currently address real estate signage. The first is at Section 9.106 (P)(5)(i), referring to signs in which the provisions of the code do not apply. It states as follows: (i) Temporary on-site signs advertising the sale, lease, or rental of the lot or premises upon which such signs are situated, provided the combined area of such signs fronting upon each street which bounds such lot or premises shall not exceed a ratio of I square foot of sign area for each 1,000 square feet. No such temporary on-site sign shall exceed 8 square feet nor remain past the date of termination of such offering. The second reference is at Scction 9.106 (P)(5)(n), referring to signs in which the provisions of the code do not apply. It states as follows: (n) One temporary on-site banner or pennant advertising the sale, lease or rental of the lots or premises on which such a banner or pennant is situated, provided that the total area of such banner or pennant shall not exceed the ratio of I square foot of signs area for each 1,000 square feet of building area plus I square foot of sign area for each 1,000 square feet of lot area. No such banner or pennant need be less than 32 square feet. No such banner or pennant shall remain past the date of the offering or be displayed for a period of more than 120, whichever is shorter. At the end of the display period, the site may not display a banner or pennant until at least 240 days have elapsed. Staff feels that these two sections need clarification as to the types of signs allowed, the number of signs allowed, and for what zoning districts they apply. Staff recommends amending the sign code to allow one residential real estate sign per property, at a maximum of six (6) feet in height and fifteen (15) square feet in area. Staff also recommends retaining the sign code in relation to commercial and industrial real estate signage. COMPREHENSIVE PLAN One of the goals of the Comprehensivc Plan is to promote and preserve the single-family housing stock as the community's strongest asset. By amending the zoning ordinance to allow no more than one residential real estate sign per property at a fifteen square foot limit, the residential housing stock will be protected from properties with large amounts of signage. PLANNING & ZONING COMMISSION MINUTES PAGE 25 AUGUST 6, 2008 ZONING ORDINANCE The proposed ordinance amendment will affect all areas of the city. The proposed changes to the ordinance will help clarify what is allowed in each zoning district. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: I. The amendment is consistent with the Comprehensive Plan. The amendment is consistent with the Comprehensive Plan, as it would help preserve the city's single-family housing stock as its strongest asset, 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would qtlect the entire city and is not for the ben~fit of a single property owner. 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 arc compatible with the proposed zoning classification. The amendment would not change the zoning classification ofa particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. TIle amendment would not change the zoning classification of a particular property. Staffreconunends amending the sign code to allow one residential real estate sign per property, at a maximum of six (6) feet in height and fifteen (15) square feet in area. Staff also recommends retaining and clarifying the sign code in relation to commercial and industrial real estate signage. Ouestions bv Members: Peterson asked how the size limit of 15 sq. ft. was arrived at. Sargent explained he went out and measured the various signs used by realtors now. The size he is suggesting is one ofthe larger ones currently used and could be considered an Industry Standard. Schmitt asked why this only addresses signs in the yard. Sargent stated that was deliberate because there are instances when legal notices must be placed on the house itself, such as in the case of foreclosures or Sheriffs Sales. Thompson asked if this ordinance would allow action to be taken if signs were leaning over in a hazardous, unsightly way. Sargent said that he could address those problems if the ordinance is in place. PLANNING & ZONING COMMISSION MINUTES PAGE 26 AUGUST 6, 2008 Public Hearing Opcned: No one was present for this matter, Public Hearing Closed. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommends the City Council approve the proposed zoning amendment. All ayes. Motion Passed. The following Ordinance will go to the City Council August II, 2008. DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO REAL EST ATE SIGNS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article 1, Section 9.106 (P)(5)(i)-(0) of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regulations. (5) Ewmpt Signs. In all districts, the provisions of this section shall not apply to the following signs: (i) In residential districts, one temporary on-site, freestanding real estate signs advertising the sale, lease, or rental of the lot or premises upon which such signs are is situated, provided the combined Hrea of sueh signs fronting upon each street which Boands such lot or premises shall not exeeea a ratio of I square foot sf sign area fer each 1,090 square feet sign does not exceed six (6) feet in height and fifteen (15) square feet in area. On corner lots, a second such sign may be located on the property if said sign abuts a second street right-of-way. No such temporary on-site sign shall CJweed 8 square feot nor remain seven (7) days past the date of termination of such offering. (j) In commel'cial 01' industrial districts, one tempol'llry on-site, freestanding real estate sign advertising the sale, lease, 01' rental of the lot 01' premises upon which such sign is situated, provided the sign does not exceed six (6) feet in height and thirty-two (32) square feet in area. On cornel' lots, a second such sign may be located on the property if said sign abuts a second street right-of-way. No such tempol'llry on-site sign shall remain seven (7) days past the date of termination of such offering. Ei:)(k) One on-site temporary signs advertising a group of lots for sale within a subdivision or a group of homes for sale within a project along each street frontage which bounds such subdivision or project, provided that the total area of such sign shall not exceed the greater of 64 square feet with no single dimension in excess of 16 feet or 8 square feet per lot or house for sale. No such on-site temporary sign shall remain past the sate of sale of the last lot within the subdivision or the last house within the housing project. PLANNING & ZONING COMMISSION MINUTES PAGE 27 AUGUST 6, 2008 W(I) Temporary on-site signs indicating the namc and nature of a construction or demolition project, plus the names of the contractors, subcontractors and professional advisors, provided the combined area of such signs ti'onting upon each street which abounds such project shall not exceed a ratio of2 square feet of sign area for each 1,000 square feet of lot area. In no case shall the combined area of such signs fronting upon each street exceed the greater of 64 square feet with no single dimension in excess of 16 or 8 square feet per house or lot on which such construction or demolition is located. The display of such sign shall be limited to a period not to exceed the duration of the said construction or demolition project, at which timc such signs shall be removed. 81(m) One wall sign per dwelling for permitted home occupations not to exceed two square feet per surface and limited to one surface. fm1(n) Time and temperature signs not to exceed 20 square feet per sign and one sign per side of building. W(o) In commercial 01' industrial districts, one temporary on-site banner or pennant advertising the sale, lease or rental of the lots or premises on which such a banner or pennant is situated, 01' one temporary on-sitc banner 01' pennant advertising the lease 01' rental of a tcnant space, provided that tIle-+etal arca of sueR banner or pennant shall not CJleced the ratio sf I square foot sf signs area for each 1,00g square feet of building area plus I sq:lflre foot of sign area for caeRI,gOO sqaare feet sflot area. No such banner or peHnant need he less thaH 32 sqaare feet. No such banner or pef1l1ant shall remain past the date sf the offering or be displayed for a period of more than 120, whichever is shorter. ,^,t the end of the display period, the site Il'lay not display a sanner Of pennant until at least 210 days have elapse4 the banner 01' pennant shall not exceed forty-eight (48) square feet in area when advertising the sale of the lot 01' premises, and thirty-two (32) square feet in area when advertising the lease 01' rental of a tenant space. No such banner 01' pennant shall remain past the date of the offering. Section 2: This ordinance shall he in filii force and effect fi'om and afier 30 days afier its passage. CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0805 City of Colnmbia Heights City Wide Zoning Amendment for Governmental Temporary Signs INTRODUCTION The City's sign code currently does not address temporary signage that a governmental entity might display to promote citywide events. As currently allowed, the City would have to obtain a permit and display the sign on a governmental building. Also, the City would only be allowed to obtain four permits per year. This requirement is restrictive and would not allow the city to promote activities and events to the general public, as it should. At this time, staff recommends amending the sign code to allow for the city government to display temporary signage to promote citywide [unctions, at its own discretion. This is consistent with the practices of many other cities in the metro area. PLANNING & ZONING COMMISSION MINUTES PAGE 28 AUGUST 6, 2008 COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to support intergovernmental efforts that benefit the community. Allowing temporary signs that promote citywide functions and activities would benefit the community. For this reason, the proposcd amendment is consistent with the Comprehensive Plan. ZONING ORDINANCE The current zoning ordinance does not address signage for governmcntal entities to display. The proposed amendment would allow for the city to display signagc at its discretion in order to promote city functions and events, such as the Jamboree, blood drives, etc. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistcnt with the Comprehensive Plan. One a/the goals o/the Comprehensive Plan is to support intergovernmental efforts that benefit the community. Allowing temporary signs that promote citywide fimctions and activities would ben~fit the community. For this reason, the proposed amendment is consistent with the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would allow the city to promote public events and/unctions. 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 amendment would not change the zoning classification o/a particular property. 4. Where the amendmcnt is to change the zoning classification of a particular property, there has becn 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 current zoning classification. The amendment would not change the zoning classification o/a particular property. Staff recommends amending the sign code to allow for the city govcrnment to display temporary signage to promote citywide functions, at its own discretion. This is consistent with the practices of many other cities in the metro area. Ouestions from Members: None Public Hearing Opened: No one was present to speak on this issue. Public Hearing Closed. PLANNING & ZONING COMMISSION MINUTES PAGE 29 AUGUST 6, 2008 Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommends the City Council approve the proposed zoning amendment, All ayes, Motion Passed. DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO GOVERNMENTAL TEMPORARY SIGNS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article J, Section 9,106 (P)(5)(g) of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regulations, (5) Exempt Signs, In all districts, the provisions of this section shall not apply to the following signs: (g) Temporary signs pertaining to drives or events of charitable, educational or religious organizations, and govcl'llmental signs used for the promotion of citywide functious aud/or cvcuts, provided that such signs shall not be erected or posted for a period of more than 14 days prior to the date of the event and shall be removed within 3 days thereafter. Section 2: This ordinance shall he in full force and effect ji'om and qfier 30 days ajier its passage, CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0806 Albrecht Signs 4110 Central Avenue Site Plan Approval fOI' sign age INTRODUCTION At this time, Albrecht Signs is requesting a site plan approval for new signage at 4110 Central Avenue, The tenant space had been vacant for some time and will now be occupied by a grocery store named Cuernavaca, 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, The proposed sign plan meets all the requirements ofthe Design Guidelines, and for this reason is consistent with the Comprehensive Plan, PLANNING & ZONING COMMISSION MINUTES PAGE 30 AUGUST 6, 2008 ZONING ORDINANCE The property is located in the CBD, Central Business District, as arc the properties to the north, south and 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 the regulations for such properties. The City Code at Section 9.106 (P)(ll) states that total signage 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 Cuernavaca is 30 feet in width. For this reason, the total amount of signage allowed for the tenant is 60 square feet. The applicant's sign plan indicates one wall sign totaling 28 square feet in area, meeting the minimum sign code regulations. DESIGN GUIDELINES SlGNAGE. The Design Guidelines prohibit internally lit box signs. The proposed wall sign incorporates internally lit channel letters on a raceway. For this reason, the proposed sign plan meets the design guidelines. 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: I. The site plan conforms to all applicable requirements ofthis 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. l'ar 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. Staff recommends approval of the site plan for the Cuernavaca located at 4110 Central Avenue. PLANNING & ZONING COMMISSION MINUTES PAGE 31 AUGUST 6, 2008 Questions by members: None Public Hearing Opened: No one was present to speak on this. Public Hearing Closed. Motion by Fiorendino, seconded by Thompson, to waive the reading of Resolution No. 2008-PZ15, there being ample copies available to the puhlic. All ayes. Motion Passed. Motion by Fiorendino , seconded by Thompson, to adopt Resolution No. 2008-PZ15, being a resolution approving a site plan for new signage for Cuernavaca located at 4110 Central Avenue. All ayes. Motion Passed. RESOLUTION NO. 2008-I'Z15 RESOLUTION or 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 #2008-0806) has been submitted by Albrecht Signs, doing business for Cuernavaca, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4110 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Cuernavaca located at 4110 Central Avenue. Site Plan approval for signage for WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on August 6, 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 Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: l.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. PLANNING & ZONING COMMISSION MINUTES PAGE 32 AUGUST 6, 2008 FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; ancl 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 6'10 day of August 2008, Offered by: Fiorendino Seconded by: Thompson Roll Call: All ayes CHAIR Marlaine Szurek Attest: SECRETARY, Shclley I-Ianson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Date S.R. Albrecht CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0807 Nelson Bnilding and Development 4707 Central Avenue Site Plan Approval for sign age INTRODUCTION At this time, Nelson Building and Development is requesting a site plan approval for new signage at 4707 Central Avenue. The site plan for the proposed building was approved at the June 3, 2008 Planning Commission meeting, and now there has been a request to approve the sign plans for two of the tenant spaces. The two tenants in question are Aldi's and Buffalo Wild Wings. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. Properties along Central Avenue must 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 MXD, Mixed Use Development District, as is the property to the east. The property to the north is zoned GB, General Business, and the property to the south is zoned R-3, Multiple Family Residential. The property to the west is located in the City of Hilltop. The subject parcel is also located within the Design Overlay Highway District, and is subject the regulations for such properties. PLANNING & ZONING COMMISSION MINUTES PAGE 33 AUGUST 6, 2008 The MXD, Mixed Use District defers to the other commercially zoned properties when determining the performance standards of the district. 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, with a cap 01'200 square feet. The Bt!ffalo Wild Wings restaurant has 100 feet of fi'ontage along Central A venue. For this reason, the total amount of signage allowed for this space is 200 square feet. The applicant's sign plan indicates two wall signs totaling 68 square feet in area, meeting the minimum sign code regulations. The Aldi grocery store has 92 feet of frontage along Central Avenue. For this reason, the total amount of signage allowed for this space is 184 square feet. The applicant's sign plan indicates two wall signs totaling 94 square feet in area, meeting the minimum sign code regulations. Both Aldi and Buffalo Wild Wings are considering freestanding monument signs as part of their sign plans. The monument sign used by Buffalo Wild Wings will be 38 square feet in area and placed on the southwest comer of the property, five feet from the property lines. The sign will also be ten feet in height. These dimensions meet the city's minimum requirements for monument signs. The monument sign used by Aldi will be 40 square feet in area and placed tive feet fi'om the property line. The sign will also be no more than ten feet in height. These dimensions meet the city's minimum requirements for monument signs. DESIGN GUIDELINES SIGNAGE. The Design Guidelines prohibit intemally lit box signs. The Btiffalo Wild Wings signage incorporates routed letters on opaque backgrounds. When lit, only the white and yellow portions of the sign will be illuminated. This meets the intent of the Design Guidelines, as the sign will have the appearance of having channel letters. Aldi proposes to use intemally lit box signs for the permanent wall signage, as this is the type of sign that doubles as their corporate logo, and identities the store in a uniformed manner. The Design Guidelines specifically prohibit intemally lit box signs, so Aldi is requesting a deviation from the Design Guidelines in this respect. The monument sign will meet the city's requirements for dimension and setback and will also be extemally illuminated. FINDINGS OF FACT Site Plan Approval Section 9.104 (M) requires that the Plamling and Zoning Commission shall make each of the following findings before approving a site plan: I. The site plan conforms to all applicable requirements of this article 171e proposed site plan jar Buffalo Wild Wings meets all the Design Guidelines standards for wall signs and monument signs in relation to the color of the sign and the types of materials used to construct it. Aldi is requesting a deviation fi'om the Design Guidelines in order to incorporate the type of signage that is used on their other stores, which doubles as their corporate logo and identity. PLANNING & ZONING COMMISSION MINUTES PAGE 34 AUGUST 6, 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 Highway District. Although the proposed signage for Aldi does not meet the Design Guidelines, the overall building design and use is consistent with the types o.ldesigns and uses that would promote the economic vitality (!lthe city, making the use consistent with the Comprehensive Plan. 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. The signage plan for Btlffitlo Wild Wings conforms to all standards outlined in the Design Guidelines. Staff recommends approval of the site plan for the BII/ralo Wild Wings located at 4707 Central Avenue. Although the signage plan for Aldi does not conform to all standards outlined in the Design Guidelines, the majority ofthe building design and layout does. The proposed deviation from the Design Guidelines would enable the store to retain its corporate identity. Staff withholds a recommendation either way on this request. Sargent explained it is up to the Planning Commission to decide whether or not to allow it. Ouestions from Members: Schmitt was disappointed there weren't any pictures of the monument signs in the packets. Sargent said it was inadvertently left out of the packet, but Sargent said it does meet the size and setback requirements, and would have a brick base. Szurek asked if they could get the same affect by using external lights that would shine on the sign, rather than an internally lit sign. Sargent explained that it is a corporate requirement that has never been deviated from in the past. They may actually withdraw from this location if it is turned down. Sargent said he was told they have done so in other proposed locations in the past. Aldi's feel it is the only way they identify their business since the buildings are not a specific design. Szurek then stated since it meets all other requirements, and it is their way of identifying their business, she had no problem with allowing the deviation for it to be an internally lit sign. Fiorendino asked if a different business ever located at that site, if they would be allowed to use that non- conforming sign. Sargent explained that a different business could come in and have that sign re- faced and use it as designed. However, it could not be altered or expanded without coming before the Planning Commission for approval. Fiorendino was uncomfortable with allowing the deviation from our requirements and setting precedence. He said it is Aldi's choice to use that type of signage, and we shouldn't necessarily let them force us to change our requirements for them. He asked if the size of the sign was within the parameters. Sargent explained that the sign is their standard corporate sign and that is less than Yz of the allowable sq. ft. PLANNING & ZONING COMMISSION MINUTES PAGE 35 AUGUST 6, 2008 Gary Peterson stated he thought it is a subtle sign and is the only way they choose to identify themselves. He thinks it is silly not to accept this slight deviation if it helps establish another business in our city. Thompson also felt that we shouldn't deviate from our sign regulations. They were established for a reason. We shouldn't let corporations dictate what the requirements should be. Schmitt asked if any other variances were asked for. Sargent stated no. Sargent was asked if there was any proof that Aldi's Corporate had ever withdrawn from a location because their signage was denied. He responded that he had not asked them for proof of this. Public Hearing Opened: No one was present to speak on this. Public Hearing Closed. Motion by Peterson, seconded by Schmitt, to waive the reading (![ Resolution No. 2008-PZ15, there being ample copies availahle to the public. All ayes. MOTION PASSED. Motion hy Peterson, seconded by Schmitt, to adopt Resolution No. 2008-PZ16, being a resolution approving a site plan for new signagefor the Grand Central Commons located at 4707 Central Avenue. All ayes. MOTION PASSED. RESOLUTION NO. 2008-PZ16 RESOLUTION OF THE PLANNING AND ZONING COMMISSlON APPROVING A SITE PLAN FOR SIGNAGE AT 4707 CENTRAL AVENUE WITHIN TI-IE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0807) has been submitted by Nelson Building 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 Avenuc LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for signage for Buffalo Wild Wings and AIdi located at 4707 Central Avenue. WHEREAS, the Planning Commission has hcld a public hearing as required by the city Zoning Code on August 6, 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 PLANNING & ZONING COMMISSION MINUTES PAGE 36 AUGUST 6, 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 signagc. 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 6'h day of August 2008, Offered by: Seconded by: Roll Call: Peterson Schmitt All ayes CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Date Jacob Ullery OTHER BUSINESS Sargent reported that Border Foods called and thanked staff for the cooperation they have gottcn regarding the re-building of Taco Bell. They are happy to see the progress of the project and the improved look of their business here. Sargent stated that the Comp Plan Update is moving into the alternative phases and that a meeting will be scheduled soon to review the updates with the members. Staffwill apply for an extension in case it is needed to complete this process. The meeting was adjourned at 9:05 p.m. ~~s~1etfully submitted, '-.. \,;~ /1QiQ(L<:\- crb.NJ 'IV) ,. Shelley Ha~~n Secretary