HomeMy WebLinkAboutMarch 3, 2009PLANNING AND ZONING COMMISSION MEETING
7:00 PM TUESDAY, MARCH 3, 2009
CITY HALL COUNCIL CHAMBERS
590 - 40' ~' AVENUE NE
1. RoIl Call
Minutes (February 3, 20091neeting evas cancelled}.
2. Public Hearings:
Case #2009-0301 Interim Use Permit
4300 Central Avenue
Linder's Greei~llouses
Case #2009-0302 Conditional Use Pern7it
491 G ~entral Ave~ue
Sonic Restaurant
Case #2009-0303 Zoniilg Amendment (Signs i11 Design Guideline District)
City Wide
City of Columbia Heights
Case #2009-0304 Site Pla~~
470? Ceiztrai Avenue
Ehtesha~n Khoyratty
3. New Business
4. t~ther I3usiness
~. Adjourn
The Responsibility of the Planning ~ammission is to:
• Faithfuliy serve the public interest.
* Represei~t existi~7g and future residents, and base our decrsions a~~d recoi~~nendations
on the Comprehensive Plan ai~d Zaning Ordiilance.
• Recognize the rights of citizetls to participate in plailning decisiaz~s,
m Protect the i7atiiral enviromnent and the heritage of the bl~ilt enviromnent.
• Exercise fair, honest, and inclepender~t judgment.
• Abstairl from participation wl~en they may directly or i~ldirectly benefit frorn a planning
decision.
-- -
THE QTY Of= I.OLUMBIA EIGHTS OES -
EQUAL dPPOftTUMTY EMPLOYER
PLANNING AND ZOl~ING COMMISSIC3N
MTNUTES OF THE REGULAR MEETING
JANUARY 6, 2009
7:00 PM
The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek.
Commissian Members present- Thompson, Schmitt, Peterson and Szurek.
Excused absence- Fiorendino
Also present were Jeff Sargent (City Planner}, Gary Peterson (Council Liaison), and Sheiley Hanson
(Secretary}.
Motion by Schmitt, seconded by Peterson, to approve the minutes firom the meeting of Dece~nber 2, 2005.
All ayes. MOTIONPASSED.
PUBLIC HEARINGS
CASE NUMBER: 2009-0141
APPLICANT: Frattalone's Ace Hardware
LOCATION: 4340 Central Avenue
REQITESTe Site Plan Approval for signage
INTRODUCTION
At this tiine, Frattalone's Ace Hardware is requesting a site plan appraval far new signage at 4340 Central
Avenue. The tenant space had been occupied by the City's municipal liquor store, and is located in the
Rainbow Foods Shopping Center. The proposed new signage for the tenant space requires a site plan
approval because the property is located within the Design Overlay Highway District.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this axea for Commercial related activities. One of the goals of the
Camprel7ensive Plan is to provide opportunities and mechazusms far successful redevelopment of tarneted
areas within the com~nunity, by enliancing the image a.ud viability of the Centrai Avenue corridor. One
way to accomplish this goal is far the businesses along Central Avenue to confonn to the Design
Guidelv~es for colnmercial-related activity. The proposed sign plan meets all the requirements of the
Design Guidelines, and for this reason is consistent with tlie Comprehensive Plan.
ZONING ORDINANCE
The property is iocated in the GB, General ~usiness, as are the properties ta the east. The properties to the
narth and south are zoned LB, Limited Business and R-2A, One and Two Family ResidentiaL The subject
parcel is also located within the Design Overlay Highway District, and is subject the regulatians for such
properties.
The City Code at Sectian 9.106 (P)(11} states that total sigiiage i~l the GB District shall not exceed twa
square feet for each front foot af tenant space provided in the multi-tenant buildang. T'i~e tenant space
occupied by Frattalone's Ace Hardware is 60 feet wide. For this reason, the total amount of sag~aage
allowed for the tenant is 120 square feet. The appiicant's sign plan indicates olie wall sign tataling $$
square feet ui area, meeting the minimzun sign code regulatians.
Planning & Zoning Commission Mi~lutes
Page 2
January 6, 2Q09
DESIGN GUII)ELINES
SIGNAGE. The Design Guidelines prahibit intenlally lit bax signs. The praposed wall sign incarporates
internally lit channel letters. Far this reason, the proposed sign plan meets the design guidelines.
FINDINGS OF FACT
Site Plan Approval
Section 9.104 (Ivn requires that the Planning and Zoning Comnlissian shall make each of the following
findings before approving a site plan:
1. The site plan conforms to all applicable requirements af this article
The proposed site plan meets all the Design Guidelines standards fof~ wall signs in relation to the
color of t1~e sign and the types of materials used to construct it.
2. ri~he site plan is cansistent with the applicable provisions of the city's comprehensive plan.
The proposed sign plan is consistent with tlze Co~nprehensive Plan, as it is consistent with the
Design Ove~^lay Highway District.
3. The site plan is consistent with any applicable area plan.
There is no applicable a~ea plan for this area.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public
right-af-way.
The proposed signage n~eets all the ~ninimu~n square footage requireme~zts and all Design Guideline
requirements. For tlzis reason, the property in the i~nf~~ediate vicinity should not be advet~sely
i~npacted.
The signage plan conforms to all standards outlined in the Design Guidelines. Therefore, staff recoinmends
appraval of the site plan for the Frattalone's Ace Hardwaa^e, located at 4340 Central Avenue.
Sargent also expiained that the sign is already in piace. The applicant opened the store in mid December,
and he wasn't aware that because the store is in the Design Guideline District that it had to go before the
Plaruling & Zoning Comrnissioii. Sargent told members that these requests must come befare the
caminission because the current language of the Ordinance requires it. He inquired wheth~r the members
would be open ta changing the Ordinance so that staff could take care of these requests adil~inistratively.
He said this would eliminate a delay of 30 or more days for businesses relacating in existing sites. Sargent
said he checked with members of the City Cat.ulcil, and they have no problem with changing the Ordinance
to allow staff to process these requests. Sargent rnade it clear that any signage for new constructian or far
those requesting variances would still be brought to the Cominission for approvai or recommendation.
The members agreed that it would be a goad idea ta change tlze Ordinance. Sargent will bring the
Ord'aa~ance change to t~e Commission at the next ineetilzg.
PLANNING & ZONING COMMISSION MINUTES
PAGE 3
JANUARY 6, 2009
Questions from members:
There were no further questioils.
Pubiic Hearul~ Opened:
No one was present to speak on this issue.
Public Hearin~ Closed.
Motion by Peterson, seconded by 5chlnitt, ta waive the reading of Resalution Na. 2009-PZO1, there being
ample copies available to the public. Ali ayes. MOTION PASSED.
Motian by Peterson, seconded by Schnutt, to adopt Resolution No. 2009-PZO1, being a resolutian
approving a site plan for new signage for Frattalone's Ace Ha~^dware located at 4340 Central Avenue.
All ayes. MOTION PASSED.
RESOLUTION NO. 2009-PZOl
RESOLUTION OF THE PLANNING A.ND ZONING COMl~~IISSION APPROVIlVG A SITE PLAN FOR
SIGNAGE AT 4340 CENTRAL AVENUE WITHII~1 THE CITY OF COLUMBIA HEIGHTS,1~~lNNESOTA
WIiEREAS, a proposal (Case #2009-0101) has been subinitted by Frattalone's Ace Hardware, to the Planning and
Zoning Commission requesting a site plan approval from the City of Columbia Heights at the fallowing site:
ADDRESS: 4344 Central Avenue
LEGAL DESCRIPTIQN: O:~ file at C:ty Hall.
THE t~PPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for sig7lage
for Frattalone's Ace Hardware located at 4340 Central Avenue.
WHEREAS, the Planning Con~mission has held a public hearing as required by the city Zoning Code on
January 6, 2009;
WHEREAS, the Planning and Zoi~ing Commission has considered the advice and recommendatians of the
City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the
cammunity and its Comprehensive P1an, as well as any concenls related to compatibility of uses, traffic,
property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and
l~TO~V, THEREFORE, BE IT RESOLVED by the Planning and Zoning Cammission of the City of
Columbia Heights after reviewing tl~e proposai, that the Planning and Zoning Commission accepts and
adopts the fallovving findings:
1. The site plan conforms to all applicable requirements af this article, except signage.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
3. The site pian is consistent with any applicable area ~lan.
4. The site plan minimizes any adverse impacts an property in the immediate viciniry and the public
right-of-way.
YLANNING & ZONING COMMISSION MINUTES
PAGE 4
JANUARY 6, 2009
FURTHER, BE IT RESOLVED, that the attached conditions, inaps, and other infarmation sha11
hecoine part of this permit and approval, and in granting this permit the city and the applicant agree tliat
this permit shali become nu11 and void if the project has nat been completed within one ~) calendar vear
after the approval date, subject to petition for renewal of the permit.
1 assed this 6~' day oi January, ~GG9,
Offered by:
Seconded by:
Roll Call:
Attest.~
CHAIR Marlaine Szurek
SECRETARY, Shelley Hansan
Approval i s contingent upon execution and return of this document to the City Planning Office.
I have read and agree to the canditions of this resolution as outlined above.
Mike Frattalone
CASE NUMSER:
APPLICANT:
LOCATION:
REQUEST:
Date
2009-0102
Sonic, Border I+'oods, Inc.
4910 Central Avenue
Site Plan Appraval, Variances
Il°eTTRODUCTI(3N
At this time, Border Foods, Inc. dlb/a Sanic Restaurant is requesting a Site Plan approval far the
construction of a new restaurant located at 4910 Central Avenue. As part of the approval process, the
applicant is also requesting tllree variances. They are as follows:
1. A 15-foot frollt yard setback parking variance per Cade Sectian 9.110 (C}.
2. A 5-faot side yard setback parking variance per Code Sectian 9.110 (C).
3. A 24 square foot area variance for a monument sign per Code Section 9.106 (P}(12}(a}(3}.
B~C~~~€~ J~I3
On February 7, 2006, Barder Faods acquired the Dave's Car Wash praperty lacated at 4910 Central
Avenue. After the acquisition, the applicant cantacted the City of Columbia Heights indicating their desire
to redeveiap the site ta include a ne~ Taca Bell restaurant and a Starbucks ~~ffee Sh~~.
PLANNING & ZONING COMMISSION MINUTES
PAGE 5
JANLTAR.Y 6, 2049
On April 14, 2408, the applicant presented the City witli plans for the construction of the Taco Bell
building oi~ly. The Taco Bell building required a minor subdivision, as well as two deviations from the
Design Guidelines. The plans were approved, with the condition that the Dave's Car Wash be demalished.
Construction on the project was completed in the sui111ner of 2008.
At this time, the applicants would like to canstruct a Sonic Restaurant where the fonner Dave's Car Wash
once stood. Sonic Restaurants are drive-ins with no indoor seating. Patrons arder their foad from the
parking stall areas and the wait staff delivers the food to the car. The restaurant wili also have a drive-thru,
where patrons can order their food, pick it up, and take it elsewhere ta eat. Although Sonic has been in
business far quite a while, they have been most papular on the west coast and are just now starting to locate
in the Midwest. If approved, this would be Minnesota's fourth Sonic Restaurant.
COMPREHENSIVE PLAN
The Camprehensive Plan designates this area for commercial development that includes goals for
cominercial ai~d economic development. The appiicant's proposal is a commercial proposal and is
consistent with the Comprehensive Plan.
DESIGN GUIDELINES
The Design Guidelines were adopted by the City Council after one year of preparation by a citizens group
that included residents, as well as Central Avenue business owners. The mas~datory guidelines were
established to increase the visual appeal and pedestrian orientation af certain major street carridars within
the city. The guidelines represent the minimum standards for design quality and have been implemented
by Discoufzt Tire, Advanced Auta Parts, and Grand Central Lofts, a11 on Central Avenue. Ryland Homes,
Inc. and Schafer Richardson ha~e also used the guidelines in the redevelopment of the Indust~-ial Park.
Even though the proposed plans submitted by the applicant include two deviations from the Design
Guidelines, the deviations are consistent with the intent of the Design Guidelines and contextually
acceptable in the overall design of the project. (See below for inore detail).
ZONING ORDINANCE
The property located at 4910 Central Avenue NE is zoned GB, General Business, as are the properties to
tlae north and east. The properties to th~ west are zon~d R-2A and R-2B, One and Two Family Residential.
The praperty to the south is located in the City of Hilltop. The property is alsa located within the Desib
Guideline Highway District azld is subject to the regulations for such properties.
Parking. Fast food restaurants with drive thru convenience require six {6} parking stails plus one (1 }
parking stall for each 40 square feet of dining area. The proposed restaurant will have 0 square feet of
dining area, as it is a drive-in facility ~vith no indoar seating. Therefore, tl~e project requires ai~ly 6 parking
stalls. The proposed plans indicate a total of 18 parking stalls on site.
Drive-Thru Facilities. The Zoning Code requires a minimum of six (6} stacking spaces per drive thru la.ne.
The proposed plans indicate seven (7} stacking spaces.
Landscaping. The City ~`~de requires landscap~ plazas tilat include a miniiniun of ane tree for every 50
feet of street frontage or fractian thereof. Parking areas shall have a minimum of 100 square feet of
landscape area and one over-story tree for each 20 spaces or fraction thereaf as well. 4910 Central Avenue
has 100.5 feet of street frontage, and incorparates 18 parking spaces. This requires three (3} trees, ane af
PLt1NNiNG & ZONING COMMISSION Iv1INUTES
PAGE 6
JA,NTJARY 6, 2009
which shall be an over-story tree, and 100 square feet of landscape area. The praposed plans indicate a
total of four (4) trees, a11 of which are over-stary trees, and approximately 1,000 square feet of landscaped
area, meeting the City's minimum requirements in bath regards. Included in the la~zdscape plan for the
project wi11 be 16 shrubs.
Signage. The Sign Code ailaws the buildi~lg to have 2 square feet of signage for each 1 foot of building
frontage, capped at 200 square feet. Being that this building is perpendicular to Central Avenue, and has
only 28 feet of building frontage, the restaurant will be linuted to 56 square feet af sigiiage. The signage
plan indicates that the building will incorporate 6 wall signs totaling 47 square feet in area. This meets the
City's maximum requirements.
The proposed plan also indicates the use of a monuinent sign, with a portion being an LED display. The
current sign code allows monument signs to be a maximum of 10 feet in height and 40 square feet i~1 area.
The proposed monument sign is 10 feet in height and b4 square feet in area. For this reason, a 24 square
foot area variance is required for the approval of the monument sign. The sign code restricts the LED
display to be no more than 50% of the total sign area. The plans indicate that the LED portion will be 32
square feet in area, and the rest of the sign will alsa be 32 square feet in area. For this reason, the LED
display canforms to the sign code.
Stormwater Management. The applicant is proposing to use a small underground holding ta.nk to help
meet the City's requirements for stoimwater management. The City Engiiseer has reviewed the plans and
has determined that they meet City requirements for rate control but only partially ineet the requireinents
for water quality. A partial stonn water managernent fee will be calculated and applied to the project to
make up for the differeuce.
Design Guidelines. The project is located at 4910 Central Avenue, which is also located within tlie Design
Overlay Highway District. Pr~perties lacated in this district are subject to design guidelines when
discussing the placeinent of the building on the lat, the height of the building, architectural details af the
building, and signage. The design guidelines build on and complement recently completed streetscape
improvements to the Central Avenue business district.
It is assumed that the intent of the guidelines should be met, however, it is understood that there may be
alternative ways to achieve the salne design objectives. The City may permit alternative approaches that, in
its determination, meet the objective(s) of the desigii guideline(s) equally ~~ell. The City may also waive
any guideline when specific physicai conditions af the site or buiiding wauld make campliance inore
difficult or inappropriate.
Some Design Guideline elements that have been met are as follows:
FRANCHISE ARCHITECTIJRE. Frallchise architecture {building design that is trademarked ar identified
with a particular chain or corparation and is generic in nature} is prahibited unless it emplays a traditianal
storefront cominercial style. The Sonic building itself is not shaped in a way that distinguishes the building
as a Sonic Restaurant, and it als~ empl~ys a traditianal starefrant cammercial style. For this reason, the
pro~ased buildii~g meets the Design Guidelines pertainillg to franchise architecture.
PLANNING & ZONING COMMISSION MINUTES
PAGE 7
J~NUARY 6, 2009
DRIVE THRU FACILITIES. Drive-thru elements sha11 be placed to the side ar rear of the principal
building, and shall not be lacated between any building fa~ade and Central Avenue. The proposed lacation
of the drive-thru elements is located on tl~e south side of the building, behind the front face of the
restaurant. The orientation of the buildi~ig to Central Avenue is directly related to the location of the drive-
thru facilities. Border Foods and City Staff agreed that it would be more desirable to have the drive-tlzru
elements located correctly on the property than to have the building oriented correctly.
PRIlV1ARY FACADES. The base or ground floor of the building sha11 include elements that relate to the
human scale, including texture, projections, doors and windows, awnings, canopies or ornamentatian. The
Sonic building design incorporates a cultured split-face block, windaws, awnulgs and building projections,
all achieving the intent of the Design Guidelines.
BUILDING COLOR. Principal building colars should consist of subtle, neutral or muted color with low
reflectance. The Sonic color scheine includes different shades of gray, which ineets the Design Guidelines.
FINDINGS OF FACT (Parking Variances)
The applicant is proposing two variances per Code Section 9.110 (C} pertaining to parkiuig setback
requirements. The first is a 15-foot front yard setback variance, and the second is a 5-foot side yard setback
variance. Section 1.104 (G) of the Columbia Heights Zoning Code requires that the City Council make
each of the following five (5) fmdings before approving a variance:
a) Because of the particular physical surroundings, or the shape, configuration, topography, or
other conditions of the specific parcel of land involved, strict adherence to the provisions of this
article wauld cause undue hardship.
The subject propel^ty is only 100 feet ia~ width. This nar~ow cofzfiguration ~nakes it extr~er~zely
dzffzcult ta place a building, drive aisles, parkirrg stalls and landsca~aing without needing a variance
to do so. The shape o, f the pYO~erty, therefore, drives the setback variance requests far parking.
b} The canditions upon which the variance is based are unique to the specific parcel of land
involved and are genera~~y not applicable to other properties within the same zoiung
classification.
This prope~ty is unique ilz that the only access it has is via tl~e alleyway to the ~vest. Being that the
alley is tlze anly access point, the building, par•king stalls and drive aisles have to be plttced
specifically ora the property to acconzn~odate bath the business and the general public. Thef•e are
few other~ prape~~ties along Central Avenue where this is the case.
c) The difficulty or hardship is caused by the provisions of this article and has not been created by
any persan currently having a legal interest in the property.
Th~ ~arovision of the City Code ~equires s~ecifre setback stczndards far ~aYking that would ~nake
develo~m~nt on this ~~operty very diffieuZt to »~anage. Although Border Foods split 1 S feet of land
from this property irz orde~^ to accomr~zodate the Taco Bell cleveZopr~2ent, those IS feet were needec~
to Vons~truct the Tacc~ Bell building ~vith n~a var~iances. ~otAde~° Food.s was in the ~rocess of selling
tl~e subject parcel at 4910 Central Avenue, and did not know that they would be able ta develop on
this land until a few ~nonths ago. The overall lot widths for both 4900 and 4910 Cent~al Avenue are
not suf, f cient to acconztnodate two develop~nen.ts ~vitlzout the need for a setback variance.
PLANNING & ZONING COhSMISSION MII~tUTES
PAGE 8
JANUARY 6, 2009
d) The granting af the variance is in harmony ~uith the general purpose and intent of the
coinprehensive plan.
The Comprehensive Plan guides this prope~~ty for cammercial redeveloprnent. The granting of the
variances wauld aide in, fulfilling the goals of the Com~~~ehensive Plan far this a~ea.
e} The granting af the variance will not be materially detriinental to the public welfare ar
materially injurious to the enjoyment, use, develapmeizt or value of property or improvements in
the vicinity.
The granting of the variances would enable the development of a new restaurant on what is now
undeveloped land. The requested variances will nat be detrimental to the public wel.fare or use of
~YOpeNties in the vicinity.
FINDINGS OF FACT (Monument Sign Variance)
The applicant is also proposing a 24 square foat area variance for a inanurnent sign per Code Sectio119.1 Ob
(P)(12). Section 1.104 (G) of the Columbia Heights Zoning Code requires that the City Council make each
of the following five (5) findings before approving a variance:
a) Because of the particular physical surroundings, or the shape, configuration, topography, or
other conditions of the specific parcel of land involved, strict adherence to the provisions of this
article would cause undue hardship.
The applicant stated tlzat based on the highway speeds along Central Avenue, a 32-squaYe feet LED
sign would be tlze ~nini~nuln functional size to attract patr~ons to the restau~~ant. In order to corr~ply
with the newly cr~eated Ordi~zance 1 ~53, ~vhich requires that the LED portion of a monun~ent sign be
no ~no~°e than SD% of the total square footage of signage, the total signage i~~as increased to 64
squaf•e feet in ar•ea. Another ha~dship on the property is that theNe is no entr°ance to this pro~erty
fi~om Cent~~al Avenue. A larger sign would enable patrons to notice the business n2ore
appro~ariately so that they can enter the ~~~~o~erty froraz the alley.
b) The conditions upon which the variance is based are unique to the specific parcel of land
involved and are generally not applicable to other properties within the same zoning
classification.
There aa~e very fe~v businesses along Central Avenue with access salely fi°onz the alley. The fact that
there is no direct access to Centr°al Avenue is a unique aspect of this property.
c) The difficulty or hardship is caused by the provisians af tlzis article and has nat been created by
any person currently having a legal interest in t~ie praperty.
People Izaving a legal interest in the property have not created the har~dship. ?'he hardship has
been created by the design of the exits and entrances to and frofn Central Avenue.
d) The granting af the variance is in harmany with the general purpose and intent af the
coinprehensive plan.
The Comprehensive Plan guides this area for Co»~me~cial use. The granting of the variance would
aid ia~ the establishnaent of a pernaitted use in the General &usiness Dist~ict.
PLANNING & ZONING COMIVIISSION MINUTES
PAGE g
JAN tJARY 6, 2Q09
e) The granting of the variance will not be materially detrimental to the public welfare ar
materially injurious to the enjoyment, use, develapment ar value of praperty or improvements in
the vicinity.
The proposed monument sign will be Zocated away fi~onz intersections and will not cause a fzegative
impact on passeYSby or the geneYal ~ublic.
FIN~DIl'~tGS OF FACT (Site Plan Approval)
Section 9.104 (N) of the Columbia Heights Zoning Cade requires that the Plaiuung Coinmissian make each
of the foilowing four (4} findings before approving a site plan:
1. The site plan conforms to all applicable requirements of this article.
As stated prevzously, the ~roject site is located zn t1~e Design Ove~lay Highway District. There are
two proposed deviations fi~om the Design Guidelines for the construction of the Sonic Restaurant
buila'ing as currently presented. They include the following:
Building Placement. The Design Guidelines require the buildings to have a well-de~ned front
fa~ade with prirr~ary entrances facing the street. Buildings should be aligned so that the dominant
lines of their facades parallel the line of the str~eet cznd create a continuous edge.
The Sonic building has a well-de~ned front fa~ade facing Central Avenue, however, the domznant
lines of the buildi~~g do not face that direction. The doininant.fa~ades a~•e pefpendicular to Centr~al
Avenue rather than par•allel, which does not meet the Design Guidelines criterion. After extensive
~~esearch, Staff determined that the pr^oposed placement of the huilding on the pi~operty is the only
Zocation that wilZ adequately provide ~arking stalls and drive aisle placer~zent, while still providing
the adequate s~ace for the building and drive-thru facilities. As stated p~eviously, the orientation of
tTze building and the location o, f the drive-thru ele~nents are directly related. The applicant aizd sta, ff
agreed that locating the di~ive-thru ele~nents corYectly had a gr~eater visual impact than orientin~
the buiZding cor~ectly.
Building Heiglzt. All buildings shall have a~ninil~zum cornice height of 22~f'eet in order to c~~eate an
ir~creased sense of enclosure and diminish the ~erceived widtlz of the street. This also conveys a
rnulti-story appearance even if the building hcxs only one accupied floor.
The ~najority of the Sonic building will be 16'-6" in height. The fr~o1~C entrance tawer, ho~~ever, ivill
be 22 feet in height. The itztent is to have the entit-e building a nzinianurrz o,f 22 feet in height in order
to create a hvo-story appearance. With the width of the Sonic building at 28 feet, raising the
ove~~all height to 22 feet crecztes a disproportional appearance to the building, causing it to look
abnarmal. The averaZl intent of the Des~ign GuideZines is to cr•eate aestheticaZly appealing
st~uctur^es. TI~e propased building is pro~artional irZ shape and n~eets t1~is irztent.
2. The site plan is eonsistent witil the applicable provisions of t%e City's Gomprenensive F1an.
The applicant's pNOposal is a comnae~~cial buildi~zg, and the~efore consistent with the
Comp~ehensive Plan.
3. The site plan is consistent with any applicabie area plan.
Currently, there is na area plan, for the pYOposed pYOject aYea_
PLANNING & ZONiI~TG COMMISSIOI~T MINUTES
PAGE 10
JANIJARY 6, 2009
4. The site plan minimizes any adverse i~npacts on praperty in the isnmediate vicinity aud the public
right-of-way.
Tl~e p~roposed pla~~s are consistent with the Zoning Code in rega~ds to building setback and
screerzing fi~onz adjacent residentially zoned parcels. Fo~ this reason, the site ~lan minimizes
and adve~~se zmpacts o~~ p~operty in the i~~~mediate vicinity and public rights-of-way.
Border Foods have worked closely with City Staff to present a propasal that is consistent with the intent of
the Design Guidelines and the Zoning Ordinance. Staff feels that the end product wi11 be an asset to the
cammunity, and will aid in the effort to redevelop older portions of Centrai Avenue. For these reasons,
staff recommends approval of the site plan and minor subdivision.
Questions from Members:
Members asked if there would be signage at 49~' and Central to direct traffic to the business. Sargent
explained that signage on the conZer most likely would not be allowed. He said that since Border Foods
owns this site and the Taco Bell site, that maybe signage could be placed at the alley entrance on the Taco
Bell Property. But that is something that would have to be reviewed if the need arises. Staff will do their
best to work with Barder Foods, but they don't know if it wili be necessary to have directional signage at
this time.
Peterson questioiied whether tlus type of business might cause excessive congestion at the alley and 49~'
and SOt" Avenues. 5argent replied that he anticipates traffic issues especially when they first open just
because people will see it as a novelty and want to try something new. But he said optians are limited to
any business that would locate on this site because there is no access to it from Central Avenue. MNDOT
has looked at it and has no major concerns. He said that if major problems occur it would be forwarded to
the traffic commission for recommendations.
Schmitt also was concerned with traffic and pedestrian traffic since it is so close to the Middle and High
5chools. She stated that when the Sonic opei~ed in Elk River they required Palice assista.nce for at least 3
months due to traffic congestion. Schmitt said other cities have alsa required assistance and asked the
representative, Barb Schneider, from Border Foods if they wouid be willing to pay for such service. Barb
respanded that she is aware of issues at some of the sites, especially vvhen they first open. In these
instances, ~order Foods ~as paid for additional Maa~agers, Cansultants and Police to help direct trafFic and
ease parking situations. She stated that she doesn't have a traffic plan with l~er for this meeting, but is
confident that these problems will work theinselves out.
Schmitt asked what hours they operate. Barb Schneider stated they open far breakfast at 6 am and deliver
ta cars until 10 pin. The drive thru reinains apen until midnight. Meznbers asked abaut the rnusic that is
played througl~ a speaker system outside. Barb explained that they are very cognizant af being next ta
residential areas and that the speakers can he directed within the canapies and are individually adjusted. So
far they haven't had any complaints regarding the music at other locations.
When asked about employee parking due ta size of the site, Barb stated that ernployee parking wauld most
likely be off site.
Szurek stated she has visited ather Sanics an accasion and is pleased they chase to locate here. She was,
however, concen~ed with servers skating u~ winter weather. Barb stated that Managers and employees
make the decision when they can or cannot skate far safety reasons.
PLANNING & ZONING COMMISSION MINUTES
PAGE 11
JANUARY 6, 2009
Petersan asked if the sign for the drive thru is a lit sign. Barb stated, it was, but did nat have any inoving
parts. Sargent stated the sign is allowed under our Ordinance. Petersan then asked how the height of the
monument sign coinpares to the Liq_uor Store's. He was toid it wouid be the same height.
Public Hearing O~ened.
No one was present to speak on this matter.
Public Hearin~~Closed.
Motion by Peterson, seconded by Schmitt, to waive the reading of Resolution Na. 2009-PZ02, there being
ample copies available to the public. All ayes. MOTION PASSED.
Motion by Peterson, seconded by Thompson, to adopt Resolution No. 2009-PZ02, being a resolution
appr~ving a site plan, far ~ Sani~ resta~araaat located at 4910 Central Avenue, subject to certain conditions of
approval that have been found to be necessary to protect the public interest and ensure compliance with the
provisions of the Zoning and Development Ordinance, including:
l. Prior to at the time of issuing a building permit, stuety in the fonn of a Letter of Credit or cash
escrow sha11 be provided to Public Works in the amount of $5,000 for erosion control & site
restoration in accordance with the City storm water management code. This will be returned
following completion of turf establishment.
2. A letter of credit (LOC) needs to be provided prior to at the tune of issuing a building permit for the
public improvements and site landscaping. The calculation of the LOC sha11 include the removal
and reconstruction of the a11ey and cnmplete site landscaping x 1.25%.
3. For engineering site inspectian, the Developer sha11 provide $1,500 to be deposited in an
engineering escrow account for public ROW impravements, site SWPPP and utility connections.
All unused funds are returned to the Developer at project completion.
4. The site storm ivater management meets City requirements for rate control a~2d inf ltration but only
partially meets requirements for water quality. A partial stonn water management fee has been
calculated and applied to the project, payable prior to ar at the time of issuu~g the building pennit.
5. Ta minimize velucle tracking, all constructian traffic shall be directed through the vehicle tracking
pads, as indicated on the plan.
6. A drainage easement or agreement is needed for the site's starmwater discharge tluough the rain
garden in the adjacent Taco Bell praperty.
7. The alley must be maintained as accessible during construction.
8. All erasian control measures s1~a11 be instailed and i~zspected by the City priar to any site activities
~eginning.
9. The screening fence to the west of the alley is a requirement for the commercial property and should
be brought to w~ifonn condition.
All Ayes. M4TION PASSED.
PLANNING & ZONING COMMISSION MINUTES
PAGE 12
JAN LJARY 6, 2009
RESOLUTION NO. 2Q09-PZ02
RESOLUTION OF THE PLANi~1ING AND ZONING COMMISSION APPROVI1~tG A SITE PLAN FOR THE
SONIC RESTAURANT LOCATED A"1` 491~ CENTI~AL AV~NU~; ~NI~THIN 1H~E CITY G~' i;GLuiv~IH
HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2009-0102} has been submitted by Border Foods, to the Planning and Zoning
Coinrnission requesting a site plan approval from the City of Columbia Heights at the following site:
ADDRESS: 4910 Central Avenue
LEGAL DESCRIPTIOI~T: On file a~ City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for a new
Sonic Restaurant located at 4910 Central Avenue.
WHEREAS, the Planning Commission has held a public hearii~g as required by the city Zoning Code on January 6,
2009;
WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff
regardina the effect of tlle proposed site plan upon the health, safety, and werfare of the community and its
Comprehensive Plan, as well as any concerns related to compatibility of uses, tra~c, property values, light, air,
danger af fire, and risk to public safety in the surrounding areas; and
NOW, TI~EREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia
Heights after reviewing the proposal, that the Plannnlg and Zoning Commission accepts and adopts the following
findings:
L The site plan confonns to all applicable requiremellts of this article, exeept signage.
2. The site plan is consistent witl~ the applicable provisions of the city's comprehensive plan.
3. The site plan is cansisteizt with any applicable area plan.
4. The site plan minimizes any adverse irnpacts on property in the iinrnediate vicinity and the public right-af-
way.
FURTHER, BE I'T RESOLVED, that the attached conditions, maps, and other information shall
become part of this permit and approval; and in granting thas pernzit the city and the applicant agree tilat tlus permit
shall become null and void if the project has not been completed within one (1) caZendar vear after the approval date,
subject to petition for re»ewal of the permit.
CONDITIONS ATTACHED
1. Prior to at the tin~e of issuing a building permit, surety in the fonn of a Letter af Credit ar cash escrow shall
be provided to Public VJorks in the amount of $5,000 far erosian cantrol & site restoratian in accordance
with the City storm water managernent cade. This will be returned following coinpletion af turf
establishment.
2. A letter of credit (LOC} needs to be provided prior to at tlie tiine af issuing a building permit tar tlie pubiic
unprovements and site landscaping. The calculatian of the LOC shall include the reinoval and reeanstruction
of the alley a11d complete site Iandscaping x 1.25%.
3. For engineering site inspection, tbe Develaper sha11 provide $1,500 to be deposited in an engineering escrow
account far pubiic ROW improvements, site SWPPP and utility coYmections. All unused funds are returned
to the Develo~er at project completion.
PLANNING & ZONI~G COMMISSION MINUTES
PAGE 13
JANIJARY 6, 2Qd9
4. The site storm water management meets City requirements for rate control and infiltration but only partially
meets requirements for water quality. A partial stann water management fee has been calculated and applied
to the project, payable prior to or at the time of issuing the building permit.
5. To minimize vehicie tracking, all construction trafFic stiail be directed through the vehicle tracking pads, as
i~dicated on the plan.
6. A drainage easement or agreement is needed for the site's stormwater discharge tlu•ou~h the rain garden in
the adjacent Taco Bell praperty.
7. The alley must be maintained as accessible during constructian.
8. All erosion control measures shall be installed and inspected by the City prior ta any site activities bea ~ning•
9. The screenu~g fence to the west of the alley is a requirement for the commercial property and shauld be
brought to unifonn condition.
Passed tl~is 6`~ day of January, 2009,
Offered by: Peterson
Seconded by: Thompson
Roll Ca11: All ayes
CHAIR Marlaine Szurek
~ttest:
SECRETARY, Shelley Hanson
Motion by Peterson, secanded by Thompson, that the Planniilg Cominission recommends the City Council
approve the 15-foot front yard parkuig setback variance, the 5-foot side yard parking variance and the 24
square foot area variance for the monluzzent sign for the property located at 4910 Central Avenue subject to
certain conditions of approval that have been found to be necessary to protect the public interest alid ensure
compliance with the provisions of the Zaning and Development Ord'ulance, including:
1. All application materiais including maps, drawuzgs, and descriptive information submitted with
the application shall become part of the permit.
A11 ayes. M~TION PASSED.
The attached Resolutions will go ta the City Council January 12t~'.
RESOLUTION 1`d0. 2009-XX
RESOLUTION APPROVING A V CE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLQMBIA HEIGHTS ZONIl~G CODE
FOR SONIC RESTAURAlVT
iTV~I~AS, a proposat (~ase # 20G~-OI02} has been subznitted by B~rder Faaus t~ t ie ~i~-~ ~~urcii re~uest~ng a
variance frain the City of Calmnbia Heights 7oning Cade at the fallat~ring sita:
ADDRESS: 4~10 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS T`HE FOLLOWING RELIEF: A 15-foot front yard parking setback variance per
Code Section 9.110 (C).
PLANNING & ZONING COMMISSION MINUTES
PAGE 14
JANUARY 6, 2009
WI3EREAS, the Planning Commission has held a public hearuig as required by the City Zoning Code an January 6,
2009;
WIIEREAS, the City Councii has considered the advice and recornmendatians of the Planning Commission
regarding the effect af the proposed variance upan the health, safety, and welfare of tl~e community and its
i c,mprcher~si-ve Pl4n, as :-,~e11 as any ~oncern related ta *~-affic, ~:~per!t,~ :~a1~:Ps, ti~t, air, ~ianger ~,f fire~ and risk to
public safety, u1 the surrounding area;
NOVV, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights tliat the City
Council accepts and adopts the following findings of the Planning Commission:
1. Because of the particular physical surroundings, or the skape, configuration, tapob aphy, or
other canditions of the specific parcel of land involved, where strict adherence to the provisions
of this Ordinance would cause undue hardship.
2. The conditions upon which the variance is based are unique to the specific parcel of Iand
involved and are generally not applicable ta other properties within the same zoning
classification.
3. The difficulty or hardship is caused by the provisions af this Ordinance and has not been created
by any person currently having legal interest in the property.
4, Tl~e granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
5. The granting af the variance will not be materially detrimental to the public welfare or
materially injurious to the enjoylnent, use, development or value of property or improveinents in
the vicinity.
FURTHER, BE IT RESOLVED, that the attached plans, maps, and other infonnatioiz shall become part
of this variance and approval; and in graizting this variance the city and the applicant agree that this
variance shall become null and void if the project has not been completed within one (1) calendar year after
the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
l. All application materials including maps, drawings, and descriptive information
subrnitted urith the applieati~n sha11 become part of th~ pennit,
RESOLUTION NO. 2009-XX
RESOI.,UTION APPRQVING A VARIA.NCE
FROM CERTAIN CONDITIONS
OF THE CITY OF CCILUMBIA I~EIGI3TS ZONING CODE
FOR SONIC RESTAURANT
WHE AS, a proposal (Case # 2009-0102) has been submitted by Border Faods to the City Councii requesting a
variance irom the c,ity of t:,otumbia ~-Ieights ~oning Code at ti~e f~iluwin~ si~~:
ADDRESS: 4910 Central Avenue
LEGAL DESCRTPTION: (7n fite at City I~all.
THE APPLICr1NT SEEKS THE FOLLOWING RELLEF: A 5-foot side yard paxking setback variance per
Code Section 9.110 (C).
PLANNING & ZONING COIVIMISSION MINUTES
PAGE 15
Jr1NUARY 6, 2Q09
WHEREAS, the Planning Commission has held a public hearing as required by the City 'Loning Code on January 6,
2009;
WHEEREAS, the City Council has considered the advice and recommendations of the Planniizg Commission
~-eg~uu~g ~e effect ~f t:~~ pr~~osed v:~r:anc~ ~,:p~:: +.hP ~~3~fh, ~afPty, an~l w~lfare of the community and its
Comprehensive Plan, as well as any co~lcern related to traffic, properiy values, light, air, danger of fire, and risk to
public safety, in the surrounding area;
NOW, TI3EREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City
Council accepts and adopts the following findings of the Planning Commission:
1. Because of the particular physical sunoundings, or the shape, configuratian, topography, or other conditions
of the specific parcel af ]and involved, where strict adherence to the provisioils af this Ordinance would
cause undue hardship.
2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are
Denerally not applicable to ather properties within tl~e same zoning classification.
3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any
person currently having legal i~~terest in the property.
4. The granting of the variance is ui harmony with the general purpase and intent of the Comprehensive Plan.
5. Ths granting of the variance ~rill not be mat~rially detrimental to the public welfare or materially injurious to
the enjoyment, use, development or value of property ar improvements in the vicinity.
FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this
variance and approval; and in granting this variance the city and the applicant agree that this variance shall become
null and void if the project has not been completed withni one (1} calendar year after the approval date, subject to
petitioii for renewal of the pennit.
CONDITIONS ATTACHED:
L All application materials includiug maps, drawings, and descriptive information submitted
with the application shall becoine part of the pennit.
RESOLUTION NO. 2409-XX
RESOLUTION APPROVING A VA]:2IANCE
FROM CERTAIl~ CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONZNG CODE
FOR SONIC RESTAI1ItANT
WHEREAS, a propasai (Case # 2009-0102) has been submitted by Border Foads to the City Council requesting a
variance from the Crty af Columbia Heights Zaning Code at the foIlc~wing site:
ADDR.ESS: 4910 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
TI-IE AFPLICI~NT SEEKS TI',E FOLLOWING RELIEF: A 24 s~uare foot ~r~a variance for the
construetion of a monument sign per Code Sectior19.I06 {P}(12}.
PLANNING & ZONING COMMISSION MINCJTES
PAGE 16
JANUARY 6, 2009
WHEREAS, the Planning Cominission has held a public hearing as required by the City Zaning Code on January 6,
2009;
VYI~~REAS, the City Council has considered the advice and recommendations of the Planning Cammission
regard~:g the effect ~f tlze prepose~ V~-ia??~e ~apoz~ tlae health, safety, and welfare of the community and its
Comprehensive Plan, as well as any concern related to traffic, praperiy values, light, air, danger of fire, and risk to
public safety, in the surrounding area;
NOW, THEREFORE, BE IT RESOLVED by tl~e City Council of the City of Columbia Heights that the City
Councii accepts and adopts the following findiilgs of the Planning Commission:
1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions
of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would
cause undue hardship.
2. The canditions upon which the variance is based are unique to the specific parcel of land involved and are
generally not applicable to other properties within the same zoning classification.
3. The difficulty or haxdship is caused by the pravisions of this Ordinance and has not been created hy any
person currently havulg legal interest in the property.
4. The granting af the variance is in harmony with the general purpose and intent of the Comprehensive Plan.
5. The a anting of tl~~ va.riance will not be materiall_y detrimental to the public welfare or materialiy injurious to
the enjoyment, use, development or value of property or in~provements in the viculity.
FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this
variance and approval; and in grantu~g this variance the city and the applicant agree that tliis variance shall became
null and ~~oid if the project has not been completed within one (1) calendar year after the approval date, subject to
petition for renewal of d1e permit.
CONDITIONS ATTACHEI3:
I. All application materials including ma~s, drawings, and descriptive uifarmatian subinitted
with the application sball become part of the permit.
OTHER SUSINESS
Sargent stated he had sent out draft copies of the Comprehensive Plan to the members to review. He told
them he would be setting a meeting u1 February to get their carninents ar appraval on it.
The meeting was adjourned at 7:50 p.m.
Respectfully submitted,
Sheliey Hanson
Secretary
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2009-0301
DATE: March 3, 2009
i G: ~~iitat~~bia rieic~his P{at~i~iiriy Cu~'iiiiiis5i~r
APPLICANT: Linder's Greenhouses, Inc.
L.OCATION: 4300 Central Avenue, Rainbaw Parking Lot
REQUEST: Interim Use Permit for Seasonal Sales
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
Li~der's Gre~nhous~s h~s ~~~lied ~For an ir~ierim Us~ R~errr~it ic, all~~nr t~e aperat~c,~i ef a
seasonal mini-garden center for flowering plans and retail sales. Last year, the City of
Columbia Heights am~nded the ardinance regarding outdoor seasonal sales in all
zoning districts, and now requires an Interim Use Permit rather than a Conditional Use
Permit. The specific development standards far an outdoor sales/display establishment
are found at Section 9.107 (C)(28), and will be added as conditions of approval for this
permit. The will be the Linder's 20th year operating a temporary greenhouse at this
location in Colu~nbia Neights.
The attached site plan illustrates the configuratian of twa structures plus a patio area in
front. This site plan and configuration remains unchanged from previous years. A
fence will enclose the patio and connect to each structure. The greenhouse structures
will be the same as previous years with four, six-foot doars remaining open at all times
during business hours. There will be at ieast four fire extinguishers in the Flower IVlart
and all smoking will be prohibited. The principal uses of the subject parcel are
preexisting and comply with zoning regulations. The two structures and patio will
displace approximately 30 parking spaces and a drive aisle.
COMPREHENSIVE PLAN
The Comprehensive Plan designates the property for commercial use, including retail
sales, offices and service businesses. The proposal is consistent with the intent of the
Csty's von~re~e~isiV~ ~~a~~.
City of Calumbia Heights Planning Cammission March 3, 2009
Linder's Greenhouse - Interim Use Permit Case # 2009-0301
ZONING ORDINANCE
The zoning classification for this property lacated at 430Q Central Rvenue is GB,
General Business District. Retail uses are allowed in this zoning district.
Existing parking exceeds zoning requirements. Section 9.106 (L}(10) of the Zoning
C'ii~'iiiaiii.v ~equ~~es that c~rrmer~ial uS~S ~t"Q~I~~ 1~~fkti~y ~~a~e fcr each 3~~ s~:,~~re
feet of use. Therefore, the existing 144,9Q0-square foot cornmercial building is required
to have 483 parking spaces. After using the 30 parking spaces for the greenhouses, the
site still has 598 parking spaces. Furthermare, with the location of the display area an
the opposite side of the parking lot as the stare entrances, the operation shauld not
have any effect on vehicular access for the site.
Please note that the Fire Department has reviewed the praposal and has no concerns
regardong it.
FINDiNGS OF FACT
Section 9.104 (H) of the Zoning Ordinance outlines seven findings of fact that must be
met in order for the City to grant an interim use permit. They are as follows:
1. The use is one of the interim uses listed for the zoning district in which the property
is located, ar is a substantially similar use, as determined by the Zoning
Administrator.
Outdoor sales/display establishments are an Interim Use in the GB, General
Business District, and are considered retail sa/es, which are permitted.
2. The use is in harmony with the general purpose and intent of the Comprehensive
Plan.
The Comprehensive Plan guides the subject property for commercial use. Outdoor
sales/display uses are allowed as conditional uses in all residential disfricts.
3. The use will not impose hazards or disturbing influences on neighboring properties.
The closest residential property to the south is over 300 feet from the praposed
temporary use. !n addition, the amount af space dedicated for the greenhouse sales
is relatively small at appraximately 9, 000 square feet. Therefore, the praposed
temporary use should not have any defrimental impact on nerghboring praperties.
4. The use will not substantially diminish the use af property in the immediate vicinity.
The garden center as proposed witl have no impact an fhe use of adjacent
praperties.
Page 2
City of Columbia Heights Planning Commission March 3, 2009
Linder's Greenhouse - Interim Use Permit Case # 2009-0301
5. The use will be designed, constructed, operated and maintained in a manner that is
compatible with the appearance of the existing or intended character of the
surrounding area.
Linder's has been in operafion for 19 years at thfs location, with the City
experiencing no campiainfs. Th~ ~rapus~u ~dr~~r cc~itE; shcu{~ r,ct neratively
impact the existing character of the vicinity.
6. Adequate measures have been or will be taken to minimize traffic cangestian on the
public streets and to provide for appropriate on-site circulation of traffic.
The trafific generated by the garden center will not significantly increase the traffic on
the public streets, and the site is large enough to handle additional interior traffic.
7. The use will not cause a negative cumulative effect on other uses in the immediate
vicinity.
As indicated by prior descriptions, the garden center should not have a negative
impact on other uses in the immediate vicinity, which are zoned for residential and
commerciat uses.
RECOMMENDAT(ON
Staff recommends that the Planning Commission approve the Interim Use Permit for
seasonal agricultural sales subject to conditions of approval outlined below.
Motion: The Planning Commission approves the Interim Use Permit for seasonal
agric~ltural sales at 43QQ Central Avenue NE from April 15 through July 15, 2009,
subject ta eertain conditions af approval that have been faund tca be necessary to
protect the public interest and ensure compliance with the provisions of the Zaning and
Development Ordinance, including:
1. Outdoar agricultural/produce saies located within the public right-of-way are
prohibited.
2. Ali goads shall be displayed in an arderly fashio~, with access aisles provided
as needed.
3. Music or amplified sounds shall not be audible from adjacent resid~ntial
properties.
4. Signage shall be {imited ta (2) prafessianally made signs per structure, nc~f
exceeding thirty-two (32) square feet per sign.
Page 3
City of Columbia Heights Planning Commission March 3, 2009
Linder's Greenhouse - Interim Use Permit Case # 2009-0301
5. The outdaor storage shall be located as indicated on the site plan.
6. A$500 depasit shall be submitted to the Comrnunity Develapment
Department prior to installation of the structures an the site. The deposit shall
be refunded after the Conditional Use Permit expires and the site has been
cleaned up.
7. The proposed fence must be 20 feet from the retaining wall for safety
vehicular access.
ATTACHMENTS
• Location Map
^ Draft Resolution
^ Letter from Linders
^ Site Plan
^ Elevatians
Page 4
uESOZUTIO~v No. 2009-P'Z03
RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN
Il'1TERIM USE PERMIT FOR LIND~R'S GREENHOUSES, INC ~VITHIN THE CITI'
OF COLUMSIA HEIGHTS, MINNESOTA
Vt~HEREAS, a proposal (Case #2009-0301) has been submitted by Linder's Greenhouses to the
Fiamling and Goning ~ommissian requesii~~g an ii~tcii-r~ TJse Pe7~it aY~r~va~ frcm~ th~ Ci ;~ ~f
Colulnbia Heights at the following site:
ADDRESS: 4300 Central Avenue
LEGAL DESCRIPTION: On fi1e at City Hall.
THE ~PPLICANT SE~KS THE FOLLOWING PERMIT: Interiin Use Pernlit far autdoor
seasonal sales from April I5, 2009 to July 15, 2009.
WHEREAS, the Platming Coriunission has held a public hearing as required by the city Zoning
Code on March 3, 2009;
WHEItEAS, the Planning and Zol~ing Commissian has cansidered the advice and recommendations
of the City staffregarding the effect of the proposed site plan upon the health, safety, and weifare of
the community and its Comprehensive Plan, as well as any concenzs 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 Coirunission of the City of
Columbia Heights after reviewing the ~raposal, that the Planning and Zoning Cominission accepts
and adopts the following findings:
l. The use is one of the interim uses listed for the zoning district in whicl~ the property is
located, or is a substantially siinilar use, as deteimined by the Zoning Administrator.
2. The use is in harmony with ihe general purpose and illtent of the Comprehensive Plan.
3. The use will not impose hazards or disturbing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the iinmediate vicinity.
The use will be designed, constructed, aperated and inaintained in a manner that is
compatible with the appearance of the existing or intended character of the surroul~ding
area.
6. Adequate measures have becn or will be tal~en to minimize traffic congestioi~ on the
pubic streets and to provide for appropriate on-site circulation of traffic.
Resolution No. 2009-PZ03
Pa~e 2
7. The use will nat cause a negative cuinulative effect, when considered in canjunction with
the cumulative effect of other uses in tl~e immediate vicinity.
FURTHER, BE 1T RESOLVED, tliat the attached canditions, lnaps, and other information shall
become part of tlus perrnit and approval; and in granting tllis pernlit the city and the applical7t agree
that this permit shall become null and void if the project has not been completed within oi~e 1
calendar vear after tlle approval date, subject to petition for renewal af the permit.
CONDITIONS ATTACHED:
1. Outdoor agricul~ural/produce sales located within the publie right-of-way are prohibited.
2. All goods shall be displayed in an ordcrly fashion, with access aisles provided as needed.
3. Music or amplified sounds shall not be audible from adjacent residential properties.
4. Signage shall be limited to (2) professionally made signs per structure, not exceeding
thirty-two {32) square feet per sign.
5. The outdoor storage shall be located as indicated on the site plan.
6. A$500 deposit shall be submitted to the Coinrnunity Developinent Department priar to
installation af the structures on the site. The deposit shall be refunded after the Interim
Use Permit expires and the site has been cleaned up.
7. The proposed fence must be 20 feet from the retaining wall far safety vehicular access.
Passed this 3`d day of March 2009,
Offered by:
Seconded by:
Roll Call:
Ayes:
Iv~ys:
CF-IAIR Marlaine Szurek
Resalution No. 2009-PZ03
Attest:
SECR FT' A R y, cl:elle~ Ha~~s~~:
Page 3
Approval is cantingent upon executioll and reiunl of ihis document to the City P1atuling Office.
I have read and agree ta the conditions of this resolution as outlined above.
Ciao Cel1a Date
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P~Zr. Jeff ~~ge~t January 30, 2G'~°
City of Columbia Heights
590 40th Ave NE.
Coluinbia Heights, MN 55421-2&00
Dear Mr. Sargent,
Attached to this letter is my application for the 2009 Linder's Flower Mart at the Central Value
Ma11 at 44th and Central. The season for 2009 is plamled to be from April 15 thru July 15. We plan
to start the set-up about the end of March, as we always done. The seasoii corresponds to all the
other seasons which we have beeri at this locatioi-~. We are eager to retul-n for our twentieth
successful year in Columbia Heights.
We have developed a very loyal customer base in Colunlbia Heights who looks forward to our
retuniing year after year. They always want the consistent quatity tnat we provide as weli as our
excellent customer service. Linder's considers Calumbia Heights to be one of our best Flower Mart
locatians.
We will be locating in the same location as we have for these past years.
1. There is no parlcing adjacent to the Flower Mart. We do not allow smoking and place, many
signs to tl~at effect. Smoking is harnlful to the plants.
2. There are four 6 faot doars which remain open at ail times during business hours.
3. Tl~ere wi11 be at least four fire extinguishers in the Flower Mart
4. The flaminability infarmation oi1 the poly is ili the enclosed materiaL
If you have any questions about tllis application please ca11 ine. I will address any issues promptly.
We feel we are an asset to this community and want fo grow here to nleet our customers needs.
Please let me know when this item wi11 be on the ag~nda for consideration. I look forward ta a
successful spring seasoii iii 2009 in Columbia Heights. ,
Any questions or concei-ns please call me at 612-685-7993.
Sincerely,
Caio Cella
Division Manager - Flower Marts
~C~G,~+~~.~e%!~f ~2e% J~~i°e?~ ~~i~` ~F1~GCG~I ~ddG'Z ~G~
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CASE NUIVIBER: 2009-0302
DATE: March 3, 2009
Tc~: Columbia Fieig~it~ ~i~r~~~i-~y Cc~rriir~ss~o~~
APPLICARIT: Sor~ic Restaurant
LOCATIaN: 4910 Central Avenue
REQUEST: Conditianal Use Permit for LED Sign
PR~PARED BY: Jeff Sargent, City Planner
t T ~C~tJCT6C3
On January 12, 2009, the Ci~y Council approved a variance iar ~h~ p~c~posea in6~ure~t
sign for the Sonic Restaurant located at 4910 Central Avenue. Since that time, it was
determined that a Candition~l Use Pe~mit (CI~P} would ~Isa be required prior to the
issuance of a building permit for the monument sign.
The City of Columbia Heights just recently approved a Zoning Amendment that requires
a Cl1P for all new digital LED signs installed within the City. At this time, the applicant is
requesting a CUP in order to comply wifih the City Code.
CC9M~~EhIE~ISI~/E ~LA~V
The Comprehensive Plan designates this area for commercial development that
includes gaals for commercial and economic development. These goals include:
strengthening the image of the community as a desirabl~ place ta live and work,
providing opportunities and mechanisms for successful redevelopment of targeted
areas, preserving and enhancing the existing commercial areas within the community,
advocating high quality development and redevelapment within the community, and
enhancing the economic viability of the community. The applicant's praposal for a
digital LED sign is consistent with these goals, as the sign will be used for a new
commercial redevelopment.
Z [ ~ ~1 ~
The property located at 4910 Centra[ Avenue NE is zoned GB, General Business, as
are the praperties ta the narth and east. The properties ta the west are zoned R-2A and
City of Columbia Heights Planning Commissian March 3, 2009
Sonic Restaurant - LED Signage Case # 2009-0302
R-2B, One and Two Family Residential. The property to the south is located in the City
of Hilltop. Digital LED signs are permitted as a Conditional Use in the GB, General
Business District.
Ff ~I GS OF FpoC1"
Section 9.104 (Hj ot the ~oning Ordinance autlin~s r~irie cor~~ti~i~s t ~dt ~rust b~ m~t i~
order for the City Council ta grant a Conditianal Use Permit. They are as falfaws:
(a} The use is one af the conditional uses listed for the zoning district in which the
property is located, or is a substar~tially similar use as determined by the
Zoning Administrator.
Digital LED signs are specifically listed as a Conditional Use rn the GB, General
Business District.
(b) The use is in harmony with the general purpase ~r~d inte~t af the
Comprehensive Plan.
The Comprehensive Plan designates this area for commercial development that
includes goals for commerciai and economic deveiopment. T~es~ ~°~afs incle~de:
strengthening the image af the community as a desirable place to live and work,
provicfing opportunities and mecl~anisrr~s for successful r~development of
targeted areas, preserving and enhancing the existing commercial areas within
the community, advocating high quality development and redevelopment within
the community, and enhancing the economic viability of the community. The
applicant's proposal for a digital LED sign is consistent with these goals, as the
sign will be used for a new commercia~ redevefopmenf.
(c} The use will not impose hazards or disturbing influences on neighboring
praperties.
The applicant will have to abide by specific development standards as they relate
to LED signs. These standards were adopted to help ensure a limiting disturbing
influence on neighboring properties. Given the location of the proposed sign and
its orientation to Central Avenue, staff fee/s that the use witl not impose hazards
on the neighboring praperfies.
(d} The use will nat substantially diminish the use of property in the immediate
vicinity.
The use of praperty in the immediate vicinity will not be diminished by fhe
placement of a digital LED sign at 4910 ~entrai ~venue.
Page 2
City of Columbia Heights Planning Commission March 3, 2009
Sonic Restaurant - LED Signage Case # 2009-0302
(e) The use will be desig~ed, constructed, operated and maintained in a manner
that is compatible with the ~ppearance of the existing ar intended ch~racter of
the surrounding area.
The applicant will have to abide by specific development standards as they relate
to LED signs. These standarc9s will help ensure compatibility with the
appearance of the existing surrounding area.
(f) The use and property upon which the use is located are adequately served by
essential public facilities and services.
This is correct.
(g) Adequate measures have been or will be taken to minimize traffic congestion
on the public streets and fn provide fc,r apprapriate on-site circulation af
traffic.
The use of a digital LED sign at this locatian will not affect traffic.
(h) The use will not cause a negative cumulative effect, when considered in
conjunctian with the cumulative effect of other uses is the immeciiat~ viciniiy.
By subjecting the use of a c~igital LED sign to speciiic devefop~ent standards, it
is intended that the use will not cause a negative cumulative effect.
(i) The use complies with all other applicable regulations for the district in which
it is located.
This is correct.
~ECC~ E ~ATI~,I
Staff recommends ~pproval of the proposed GUP for a digital LED sign for the new
Sonic Restaurant located at 4910 Central Avenue.
~ti~r~: That the Planning Commission recommends that the City Council apprave the
Canditional Use Permit far a for a digital LED sign for the new Sonic Restaurant located
at 4910 Central Avenue, subject to certain conditions af approval that have been found
to be necessary ta protect the public interest and ensure campli~nce uvith the provisions
af the Zoning and Development Ordinance, inciuding:
1. The dynamic LED signs may occupy na more than TiTfy ~e~~cefii ~50~10} ~f t~e
actual copy and graphic area. The remainder af the sign must not have the
Page 3
City of Columbia Neights Planning Commission March 3, 2009
Sonic Restaurant - LED Signage Case # 2009-0302
capability to have dynamic LED signs, even if not used. Only one, contiguous
dynamic display area is allowed on a sign face.
2. The dynamic ~ED sign may not change ar move more aften than once every ten
(10} minutes, except one for which changes are necessary to correct hour-and-
minute, date, or temperature information.
3. A display of time, date or temperature information may change as frequently as
once every ten (10) seconds, however information dispfayed not relating to the
date, time or temperature must not change or move mare often than ance every
ten (10) minutes.
4. The images and messages displayed rrrust be static, and the transitian fram one
state display to another must be instantaneous without any special effects.
Motion, animation and video images are prohibited on dynamic LED sign
displays.
5. The images and messages displayed must be complete in themselves, without
continuation in content to the next image or message ar to any ather sign.
6. The dynamic L~D signs must ue d~sigrie~ di~~ ec~ui~ped t~ f~e~ze the device ~n
one pasition if a malfunction shall occur. The displays must also be equipped
wifh a means to irr~mediately discontinue the display if it rr~alfunc~ions, and the
sign owner must immediately stop the dynamic display when notified by the city
that it is not complying with the standards of this ordinance.
7. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits
(candelas per square meter) duiing daylight haurs and a maximum illumination of
500 nits (candelas per square mefer) between dusk to dawn as measured from
the sign's face at maximurr~ brightness. The dynamic LED signs must have an
automatic dimmer control to produce a distinct illumination change from a higher
illumination level to a lawer level for the time period between one-half hour before
sunset and one half-hour after sunrise.
Al"TACFf E TS
^ Draft Resofution
^ Location Map
~ Site Plan
^ Elevations
Page 4
I9 F'I' l~E~~Li7'TI~'l1V Nt`~. 2Q09-
~OL~TTIO1~1 AI'PRO~Il~G ~ C~31~1I~I'I'I(31~iE1I, ITSE I'E121VIIT FOI~
SOl~tIC RES'I'A~7 NT
WI'THIl~i T ~ ~IT~' OF ~OI~IJI4~I~IA EIG~I~'S,1~I1~tES~T'A.
~' ~+ ~iS, a proposal (Case #ZOt~~-t~3G~j has been su'~r~~i~e~ l;y ~o~~ic ~:estaurur~t t~ ~l~e riL<,~
Council requesti~g a conditional use permit fro~n the City of Columbia Heights at the following site:
ADDRESS: 4910 Central Avenue
LEGAL DESCRIPTION: Oi1 file at Ci1y Hall.
THE APPLICANT SEEKS THE FOLLO~~ING PERMIT: A Conditional Use Pernut per
Code Section 9.106 (P)(13)(c)l, to al~low a dynamic LED sign in the GB, General Busiiless
I~istrict.
~VHE1~A~, tlze Plailnulg Commission has held a pu~blie hearing as required by the eity Zoning
Code on March 3, 2009;
~I~E~A~, the City Council has co~isidered the advice aud recominendations of the Plam~ing
Commission regarding the e~fect ot the proposed conditional use periYlit u~~n the health, safety, and
welfare of the conzmuniry and its Comprehensive Plan, as well as any concerns related to
comp~tibility of uses, traffic, propei-ry values, light, air, danger of fire, and risk to public safety in the
surrounding areas; and
~p~~ ~'~~~I~'~~~ ~E I~' I~S~L,~E~ l~y the City Cauncil of the City of Columbia Heights
after reviewing the proposal, that the City Couneil aceepts and adopts the following findings of tl~e
Planiling Colnmission:
1. The use is one of the collditional uses listed for tlze zoning district u~ whieh the properry is
located, ar is a substantially siinilar use as determined by the Zoiung Adn~listrator.
2. The use is in harmony with the general purpose and intent of t11e Comprel~ensive Pla~-~.
3. Tl~e use will nat impose hazards or distributi~lg zilfluences an neighboring properties.
4. The use will not substantially dirninish the use of propei-ry in the immediate vicinity.
5. The use will be designed, colzstructed, operated a~7d maultailzed irz a mailner tl~at is
campatible witli t1~e appearance of the existing ar ii7tended character af tlze surrotuzdi~zg are~.
6. The use and property upon which the use is located are adequately served by essential public
faeilities a~1d services.
Resolution No. 2009-XX
2
7. Adequate measures have been or will be taken to n~simize traffic congestion on the public
streets and to provide for appropriate on-site circulatioi~ of h•affic.
8. The use wi11 ilot cause a negative cumulative effect, when considered in conjlulction w-ith tlie
cun1ti11ative effect of other uses in the immediate vicinily.
9. Tl~e use coinplies with all other applicable regnlations for the district in wluch it is located.
F~JR'I'I~~+ I2, ~~ I~' ~~~~VEI~, ihat the attached eonditions, lnaps, and other ilitormation shall
become pas-t of this permit and approval; azid in granting tllis pernut the city a11d the applicaut agree
tllat this permit shall become nuIl a~~d void if the project has not been completed witllin one 1
cc~lendar vear after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
The dyl~amic LED signs may occupy no more thaz~ fifty percent (50°%) af the actual copy and
gra~hic area. The remainder of the sigi~ must not have the capability to have dynainic LED
signs, even if ilot used. Only oi1e, contiguous dynainic display area is allowed on a sign face.
The dynainic LF,D sign inay not change or move more often tlzan once eveiy ten (10)
iuinutes, except one for which chan~es are necessary to correct hour-ai7d-i~inute, date, or
teinperature information.
3. A display of time, date or temperature inforl~~ation ~nay change as frequently as once eveiy
ten (10) seconds, Ilowever inforination displayed not relatii~g ta the date, tim~ ar telnperatut-e
rnust not change or inove more o$en than once every ten (10) iuinlites.
4. The images and messages displayed must be s~atic, and the tiansition from oize state display
to a~iother mti~st be instantazzeoLis without any spec~ial effects. Motion, anilnatio~ a:~d video
iillages are prohivited on dynamic LED sign displays.
5. Tlie images and messages displayed must be colnplete in themselves, without continuatioil i~1
coiitent to the next inlage or inessage or to any other sign.
6. The dynamic LED signs must be desi~led and ~quipped to freeze the device in oile position
if a malfi.inction shall oecur. The displays must also be ec~uipped with a mealls to
immediately discontinue the display if it malfui~ctions, and the sign owner n7ust immediatEly
stop the dynai~ic dispiay when noiiiied ~by itie eiiy inai it is iio~ ~~mpl~ir~g wit~ t ~e stat~dur~s
of tlus orclinance.
Resalutian No. 2009-XX
The dyna~nic LED signs may not exceed a maximum i1lu~mination of 5,000 nits (candelas per
sc~uale meter) during daylight hours and a inaximuln illuminatioiz of 500 nits (candelas per
square ineter) between duslc t~o dawil as zneasured fiom the sign's face at n~aximtul~
brigl3tiiess. The ~yr~a~nic LEL' signs must hat~e as~ auto~?at?~~ ~i~nla~er colltrol to produce a
distinet illusninatioiz change froin a highei illumination level to a lawer level for the tii7le
period betweeil oile-half hour before sunset and one half hour after sunrise.
Passed this 9t~' clay of March 2009
Offered by:
Sec~nded by:
Roll Call: Ayes: Nays:
lvlayor Gary L. Feterson
Attest:
Patricia Muscovitz, CMC
Deplity City Cleilc/Cou11ei1 Secretaly
A~proval is cantiilgent upon execution and rettirn of tlus doclunent to the City Planiung Office.
I have read and agree to t11e conditions of t11is resolution as outlined above.
Barb Sehneider Date
a~~r t~
, ~lrm Sonic Co-umbia HeiUhts - Monument Sign ~,„ ~, „~e `
~ Scalc Prrm
Findme!lh~ttpmr ~ ~
~
4910 CENTRAL AVEl`~T
~OLUM[BIA HEIGHTS,1tiilINl
2Q08 SITE RECONSTRU+CTIt~
~ ~:
~-- ;- ~--
VICINITY MAP
CITY QF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 20Q9-0303
DATE: March 3, 2009
TO: Columbia Heights ~'lanning Commissoan
APPLICANT: City of Columbia Heights
LOCATION: City Wide
REQUEST: Zoning Amendment for Signage in Design Guidelines District
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
The Design Guidelines were adopted by the City Council after one year of preparation by a
citizens graup that included residents, as well as Central Avenue business owners. The
guidelines were estabiished to increase ihe visual appeal anci pedesfrian ~rienta~iar~ af
certain major street corridors within the city, thereby increasing the economic vitality of
these corridars, and supporting the goals of the Comprehensive Plan. The guidelines
represent the minimum standards for design quality and have been implemented by
Discount Tire, Advanced Auto Parts, and Grand Central Lofts, all an Central Avenue.
Ryland Homes, Inc. and Schafer Richardson have also used the guidelines in the
redevelopment of the lndustrial Park.
The intent of the Design Guidelines is to give the Planning Commission and City Council
greater discretion on the design of new construction in the City of Columbia Heights.
~urrently any type of n~w developrnent along Gentral Avenue and 40t" Auenue need to
receive approval from the Pianning Commission via the Site Plan Approval process. This
includes existing businesses that want to add more signage or increase the size of their
current sign.
StafF has received several cancerns from new businesses that want to erect signs, but
have to wait for up to twa months in order to gain site plan appraval fram the Planning
Commission. In order to accommodate new businesses in the City, Staff recommends
amending the Zoning Code to allow the issuance of new sign permits far existing tenant
spaces without needing a site plan approva( to do sa. Staff feels that this would appease
new businesses who want to place signs an their business as soon as passible, without
having to wait for up to twa months. It shauld be noted that signs that are a part of a new
devefapment in the Design Guideline~ District wc~uld still require site p{an approval.
City of Columbia Heights Planning Commission March 3, 2009
City of Columbia Heights, Design Guideline Signage Case # 2009-0303
COMPREHENSIVE PLAN
One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable
commercial areas within the community, and ta promate reinvestment in properties by the
commercial and industrial sectors. The praposed Zoning Amendment would allow for new
businesses to erect their signage as soon as they cauld, rather than waiting for a site plan
approval. This would aid to the promotion of reinvestment inta the commercial sectors of
the City.
ZONWG ORDINANCE
Section 9.113 (D)(4)(a) of the Zoning Code states that the Design Guidefines shall apply to
all nonresidential, mixed-use and/or multi-family buildings, and to the following activities:
1. New construction;
2. Any e>cterior changes, including repainting, with the exception of replacement ar
repair of existing materials;
3. Any internal remodeling or expansion activity that increases the overall size of
the building by 10% or more;
4. Any development or expansion of parking areas that would result in a lot with
mare than four parking spaces; and
5. Minor alterations such as repainting may be handled administratively, as
determined by the City Planner.
Staff recommends including language that would allow for the installation of new signage
on existing buildings to be handled adrninistratively, as determined by the City Planner.
FINDINGS OF FACT
Section 9.104 (F) af the Columbia Heights zoning code requires thatthe City Council make
each of the following four findings before approving a zoning amendment:
The amendment is consistent with the Comprehensive Plan.
One of the goals of the Comprehensive Plan is ta preserve and enhance the
existing viable commercial areas within the community, and to promote
reinvestment in praperties by the commercial and industrial sectors. The proposed
Zoning Amendment would allow for new businesses to erect their signage as soan
as they could, rather than waiting far a sife plan appraval. This would aid to the
prarn~tinr~ ~f reinvestrnent into the corrrrnercial sectors of the City.
2. The amendment is in the public interest anc! is not solely for the benefit af a
~i^gle ~rc~e~±~~ :;~Nner.
The propased arrrendment would affect all business awners throughout the city tl~at
are subjecf to the ~'lesigr~ Guidelines.
Page 2
City af Columbia Heights Planning Camrrtission March 3, 2009
City af Columbia Heights, Design Guideline Signage Case # 2009-0303
3. Where the amendment is ta change the zaning classification of a particular
praperty, the existing use of the property and the zoning classificatian of
property within the general area of the praperty in question are compatible with
the proposed zoning classification.
The amendment would not change the zaning 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 af 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 classifrcation of a particular property.
REC(3MMENDATION
Staff recommends including language in the Design Guidelines that would allow for the
installation of new signage on existing buildings to be handled administratively, as
determined by the City Planner.
Motion: That the Planning Commission recommends that the City Council approve the
proposed zoning amendment, allawing for businesses subject to the Design Guidelines to
place signage on existing buildings without the requirement of a site plan approval.
Attachments
• Draft zoning ordinance
Page 3
DRAFT ORDINAI'~1CE NO. XXl~
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY COD~ OF
2005 RELATING TO SIGNAGE IN THE DESIGN OVERLAY DISTRICT WITHIN
THE CITY OF COLUMBIA HEIGHTS
lhe City of ~oiuml~ia Heights doe5 orddir~:
Chapter 9, Article I, Section 9.113 (D)(4}(a} of the Columbia Heights City Code, is
praposed to include the following additions and deletions:
§ 9.113 OVERLAY DISTRICTS.
(D) Design Overlay Distrzct.
(4} ~lpplicability of deszgn guidelines.
(a) Design guidelines shall apply to all noiuesidential, mixed use
and/or rnulti-family buildings, and ta the following activities:
1. New const~laction;
2. Any exterior changes, including repainting, with tl~e exception
of replacement or repair of existing materials;
3. Any internal remodeling or expansion activity that increases
the averall size of the building by 10% or more; azld
4. Any development or expansion of parking areas that would
result in a lat with more than faur parl~ing spaces;
5. Minor alterations such as repainting, and the installatian
of new signage on existing buildings may be handled administratively, as determined by
the City Planner.
Section 2:
This ordiilance shall be in full force and effect from and after 30 days after its
passage.
First Reading: March 9, 2009
Second Reading: , ~~~~
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscavitz, CMC
City Clerk/Council Secretary
CITY OF COLUMBIA HEIGHTS PL.ANNING REPORT
CASE NUMBER: 2009-0304
DATE: March 3, 2009
i C}: Columbia heigh~s Piar~r~i~g Co~ri~issic~~ ~
APPLICANT: Ehtesham Khoyratty
LOCATION: 4707 Central Avenue
REQUEST: Site Plan Approval for New Canstruction
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
On June 3, 2008, Nelson Builders presented the Planning Commission with plans for
the construction of approximately 55;000 square feet of retail and commerciai space
located at 4707 Central Avenue. At this time, Ehtesham Khoyratty, the owner of the
develapment, is requesting a new site plan approval for the construction of
approximately 36,000 square feet of retail a commercial space at the same location.
Due to market conditions and a slow economy, the applicant has decided to reduce the
overall size of the development so that it can be built. The proposed plan indicates two
changes from the previously approved site pfan. The first is the elimination of the
second story abov~ the Aldi Grocery stare. The second is a reduction in the overall size
of the proposed parking ramp for the development.
Eliminating the second story on the Aldi building decreases the overall square footage
of the building from approximately 30,000 to 15,000 square feet. The reduction in the
overall size af the praposed parkir~g r~mp i~ from 219 stalls to 206 stalls.
COMPREHENSIVE PLAN
The Comprehensive Plan designates the property as Transit Oriented Development.
The proposal is consistent with the intent of the City's Comprehensive Plan to promote
business and enhance the city's econamic vitality through redevelopment efforts.
Zt3NING ORDINANCE
The prope~ty lacated at 4707 Central Avenue NE is zoned MXD, Mixed Use
Development District, as are the properties ta east. The property ta the north is zoned
City of Columbia Heights Planning Cammission March 3, 2009
4707 Central Avenue, Grand Central Commons Case # 2009-0304
GB, General Business and the properties to the sauth are zoned R-3, Multiple Family
Residential. The City of Hilltop is located to the west.
PARKING REQUIREMENTS. The Zaning Code requires one (1} parking stall for each
300 square feet of gross office/retail space and enough parking to accammadate 30%
of a restaurant's seating capacity. The proposed development includes approximately
36,000 square feet of officefret~il space and ihe Buffafo i~Jil~ ~lllings restaurart v~~{I have
a seating capacity of 228 patrons. In total, this requires 189 parking stalls. The
development, which includes the two-stary parking ramp, provides for 206 an-site
parking stalls total.
LANDSCAPING. The City Cade requires landscape plans that include a minimum of
one tree for every 50 feet of street frontage ar fractian thereof. Parking areas shall have
a rninimum af one over-story tree for each 20 spaces or fraction thereof as well. The
property at 4707 Central Avenue has approximately 1,000 feet of street frontage along
Central Avenue, 47th Avenue and Grand Avenue, and incorporates 206 parking stalls.
This requires 20 trees and 11 over-story frees. The proposed plans indicate a total of
31 trees, 26 of which are over-story trees, meeting the City's minimum requirements.
STORMWATER MANAGEMENT. Roughly 50% of the stormwater from this site will be
collected in an underground infiltration system, wi~h the remainder dive~~ci tc~ fih~ City's
storm sewer pipe located in Gentral Avenue. The City is currently working with the
develaper in order ta upsize the diameter of the storm sewer pipe, which is currently at
capacity use.
DESIGN GUIDELINES
The property at 4707 Central Avenue is located in the Design Overlay Highway District
and is subject to a set af specific development standards as outlined in the Design
Guidelines. Same of the fo!lowing areas of interest are as follows:
BUILDING P~ACEMENT. Buildings shall have a well-defined front fa~ade with
entrances facing the street. Larger buildings may be oriented perpendicular to the
street provided that at least one entrance facing the street is pro~rided. The praposed
buildings will be oriented so that their well-defined front facades face Central Avenue.
The Aldi's building will be perpendicular to Central Avenue, but the main Aldi's entrance
will face the street.
BUILDING HEIGHT. All buildings shall have a minimum cornice height of 22 feet, in
arder to give the impression af a iwo-storied structure. The Afdi buiiding is 23 feet ir~
height, and the bui(ding to the south is a two-storied structure. Both af the buildings
meet the minimum height requirement.
PRIMARY FACADES. The base or ground floor of the building shoufd include elements
that relate t~ the human scale, including te>rture, projections, doars and windows,
Page 2
City of Columbia Heights Planning Commission March 3, 2009
4707 Central Avenue, Grand Central Commans Case # 2009-0304
awnings, canopies or ornamentation. The praposed building incarporates all of these
criteria, giving an appropriate mix of window caverage, projections, awnings and
ornamentation suitable for the pedestrian scale.
BUILDING MATERIALS. The building wi{I incorporate rock face block, brick, stone, pre-
finished metal panels and EIFS, which are all acceptable building materials for the
district in which fihe buiiding is le~cai~d.
FINDINGS OF FACT
Site Plan Approval
Section 9.104 (M} of the Zoning Ordinance outlines four findings of fact that must be
met in order for the City to approve a site plan. They are as follows:
a} The site plan canforms to all applicable requirements of this article.
The site pfan meets ali setback, building densrfiy, parking and Design Guidelines
criteria pertaining to the Zoning Code.
b) The site plan is consistent with the applicable provisions of the city's
Comprehensive ~lan.
The Co~npre6~ensive Plan designates the property as Transit Qriented
Development. The proposal is consistent with fhe intent of the City's
Comprehensive Plan to promote business and enhance the city's ecanamic
vitalify through redevelopment efforts.
c) The site plan is consistent with any applicable area plan.
There is no area plan for this portion of the city.
d) The site plan minimizes any adverse impacts on property in the immediate
vicinity and the public right-af-way.
The proposed site plan meets all applicable setback requirements and zoning
provisions. For this reason, there wi/1 be no adverse impacts on property in the
immediate vicinity or the public right-af way.
RECOMMENDATION
The Grand Central Gommons site has been a redeveiopment priarity for the City af
Columbia Heights and provides an opporfunity for 36,OOQ square feet af new office and
retail development alang the major commerciai corridor oT Voiur~nbi~ H~iy~i~~. The
prapased plans far the constructian of the twa buildings meet al( zoning and design
guideline requiremec~ts, and the parking ramp will be an unabtrusive service to the
Page 3
City of Columbia Heights Planning Commission March 3, 2009
4707 Central Avenue, Grand Central Commons Case # 2009-03Q4
public. For these reasons Staff recammends approval of the site plan far 4707 Central
Avenue.
Move to waive the reading of Resolutian No. 2009-PZ04, there being ample copies
available to the public.
Mave to adopt Resoiuti~n I~o. 200~-PZ04, bei~ ~g a resol~tion approvi;~g a sit~ ~lan for
new signage far the Grand Central Commons lacated at 4707 Central Avenue.
ATTACHMENTS
^ Draft Resolution
~ Location Map
• Site Plan Materials
Page 4
RESOLUTION NO. 2009-PZ04
RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A
SITE PLAN FOR A 36,000 SQUARE FOOT OFFICE/RETAIL DEVELOPMENT
LOCATED AT 470'7 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA
HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2U09-0304) has been submitted by Ehteshain Khoyratty to the
Planniizg and Zoning Commission requesting a site plan approval from the City of Collunbia He'rghts
at the following site:
ADDRESS: 4707 Central Avenue
LEGAL DESCTtIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for t11e
construction of an office/retail development located at 4707 Central Avenue.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on March 3, 2009;
WHEREAS, the Plamling 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 coin~nunity as~d its Comprehensive Plan, as well as any concenls related to compatibility of uses,
traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas;
a~1d
NOW, THEREFORE, I3E IT RESOL~ED by the Planning and Zoaung Cammission of the City of
Columbia Heights after reviewing the prapasai, that the Plaruzing 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 cansiste~t with the applicable ~arovisiails of ~e city's compreheilsive plalz.
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-af-way.
FURTHER, BE IT RESOLVED, that tlze attached conditions, maps, and other infarmation sha11
becorne part af this permit and approval; and il~ granting this permit the city al~d the applicant agree
that this pennit shall becolne null and void if the project has not been cotnpleted within one (1
calendar vear~ after the approval date, subject to petition for renewal of the permit.
Resolution No. 2009-PZ04
CONDITIONS ATTACHED:
Pa~e 2
New tenants of the development would not need an additianal site plan appravai in order
to o~tain a sign penn;t faY ~1e-.%a sigliage, as lang as t~e pr~p~sed signs me~t the m~~imu~r~
Zoning Code sta~~dards.
Passed this 3`d day of March 2009,
Offered by:
Seconded by:
Roll Call:
Ayes:
IvTays:
CHAIR Marlaine Szurelc
Attest:
SECRETARY, Shelley Hanson
Approvai is contingent upon execution and return of this document to the City Plaiining Office.
I have read and agree to the coildiiions of this resalution as autlined above.
Ehteshain Khayratty Date
4707 Central Avenue
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