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HomeMy WebLinkAbout20090106P & Z MinutesPLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING JANUARY 6, 2009 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Schmitt, Peterson and Szurek. Excused absence- Fiorendino 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 from the meeting of December 2, 2008. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: INTRODUCTION 2009-0101 Frattalone's Ace Hardware 4340 Central Avenue Site Plan Approval for signage At this time, Frattalone's Ace Hardware is requesting a site plan approval for 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 area for Commercial related activities. One of the goals of the Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment of targeted areas within the community, by enhancing the image and viability of the Central Avenue corridor. One way to accomplish this goal is for the businesses along Central Avenue to conform to the Design Guidelines for commercial-related activity. The proposed sign plan meets all the requirements of the Design Guidelines, and for this reason is consistent with the Comprehensive Plan. ZONING ORDINANCE The property is located in the GB, General Business, as are the properties to the east. The properties to the north 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 regulations for such properties. The City Code at Section 9.106 (P)(11) states that total signage in the GB District shall not exceed two square feet for each front foot of tenant space provided in the multi-tenant building. The tenant space occupied by Frattalone's Ace Hardware is 60 feet wide. For this reason, the total amount of signage allowed for the tenant is 120 square feet. The applicant's sign plan indicates one wall sign totaling 88 square feet in area, meeting the minimum sign code regulations. Planning & Zoning Commission Minutes Page 2 January 6, 2009 DESIGN GUIDELINES SIGNAGE. The Design Guidelines prohibit internally lit box signs. The proposed wall sign incorporates internally lit channel letters. 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: 1. The site plan conforms to all applicable requirements of this article The proposed site plan meets all the Design Guidelines standards for wall signs in relation to the color of the sign and the types of materials used to construct it. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed sign plan is consistent with the Comprehensive Plan, as it is consistent with the Design Overlay Highway District. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed signage meets all the minimum square footage requirements and all Design Guideline requirements. For this reason, the property in the immediate vicinity should not be adversely impacted. The signage plan conforms to all standards outlined in the Design Guidelines. Therefore, staff recommends approval of the site plan for the Frattalone's Ace Hardware, located at 4340 Central Avenue. Sargent also explained that the sign is already in place. 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 Planning & Zoning Commission. Sargent told members that these requests must come before the commission because the current language of the Ordinance requires it. He inquired whether the members would be open to changing the Ordinance so that staff could take care of these requests administratively. He said this would eliminate a delay of 30 or more days for businesses relocating in existing sites. Sargent said he checked with members of the City Council, and they have no problem with changing the Ordinance to allow staff to process these requests. Sargent made it clear that any signage for new construction or for those requesting variances would still be brought to the Commission for approval or recommendation. The members agreed that it would be a good idea to change the Ordinance. Sargent will bring the Ordinance change to the Commission at the ne~t meeting. PLANNING & ZONING COMMISSION MINUTES PAGE 3 JAN UARY 6, 2009 Questions from members: There were no further questions. Public Hearing Opened: No one was present to speak on this issue. Public Hearin~ Closed. Motion by Peterson, seconded by Schmitt, to waive the reading of Resolution No. 2009-PZO1, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Peterson, seconded by Schmitt, to adopt Resolution No. 2009-PZO1, being a resolution approving a site plan for new signage for Frattalone's Ace Hardware located at 4340 Central Avenue. All ayes. MOTION PASSED. RESOLUTION NO. 2009-PZOl RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR SIGNAGE AT 4340 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2009-0101) has been submitted by Frattalone's Ace Hardware, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4340 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT for Frattalone's Ace Hardware located at 4340 Central Avenue. WHEREAS, the Planning Commission has held a public hearing 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 regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site 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. Site Plan approval for signage PLANNING & ZONING COMMISSION MINUTES PAGE 4 JANUARY 6, 2009 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 ~) calendar pvear after the approval date, subject to petition for renewal of the permit. Passed this 6th day of January, 2009, Offered by: Seconded by: Roll Call: 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. Mike Frattalone CASE NUMBER: APPLICANT: LOCATION: REQUEST: Date 2009-0102 Sonic, Border Foods, Inc. 4910 Central Avenue Site Plan Approval, Variances INTRODUCTION At this time, Border Foods, Inc. d/b/a Sonic Restaurant is requesting a Site Plan approval for the construction of a new restaurant located at 4910 Central Avenue. As part of the approval process, the applicant is also requesting three variances. They are as follows: 1. A 15-foot front yard setback parking variance per Code Section 9.110 (C). 2. A 5-foot side yard setback parking variance per Code Section 9.110 (C). 3. A 24 square foot area variance for a monument sign per Code Section 9.106 (P)(12)(a)(3). BACKGROUND On February 7, 2006, Border Foods acquired the Dave's Car Wash property located at 4910 Central Avenue. After the acquisition, the applicant contacted the City of Columbia Heights indicating their desire to redevelop the site to include a new Taco Bell restaurant and a Starbucks Coffee Shop. PLANNING & ZONING COMMISSION MINUTES PAGE 5 JAN UARY 6, 2009 On April 14, 2008, the applicant presented the City with plans for the construction of the Taco Bell building only. 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 demolished. Construction on the project was completed in the summer of 2008. At this time, the applicants would like to construct a Sonic Restaurant where the former Dave's Car Wash once stood. Sonic Restaurants are drive-ins with no indoor seating. Patrons order their food from the parking stall areas and the wait staff delivers the food to the car. The restaurant will also have a drive-thru, where patrons can order their food, pick it up, and take it elsewhere to eat. Although Sonic has been in business for quite a while, they have been most popular 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 Comprehensive Plan designates this area for commercial development that includes goals for commercial and economic development. The applicant'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 mandatory guidelines were established to increase the visual appeal and pedestrian orientation of certain major street corridors within the city. The guidelines represent the minimum standards for design quality and have been implemented by Discount Tire, Advanced Auto Parts, and Grand Central Lofts, all on Central Avenue. Ryland Homes, Inc. and Schafer Richardson have also used the guidelines in the redevelopment of the Industrial 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 conte~tually acceptable in the overall design of the project. (See below for more detail). ZONING ORDINANCE The property located at 4910 Central Avenue NE is zoned GB, General Business, as are the properties to the north and east. The properties to the west are zoned R-2A and R-2B, One and Two Family Residential. The property to the south is located in the City of Hilltop. The property is also located within the Design Guideline Highway District and is subject to the regulations for such properties. Parking. Fast food restaurants with drive thru convenience require six (6) parking stalls 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 with no indoor seating. Therefore, the project requires only 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 lane. The proposed plans indicate seven (7) stacking spaces. Landscaping. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall have a minimum of 100 square feet of landscape area and one over-story tree for each 20 spaces or fraction thereof as well. 4910 Central Avenue has 100.5 feet of street frontage, and incorporates 18 parking spaces. This requires three (3) trees, one of PLANNING & ZONING COMMISSION MINUTES PAGE 6 JAN UARY 6, 2009 which shall be an over-story tree, and 100 square feet of landscape area. The proposed plans indicate a total of four (4) trees, all of which are over-story trees, and approximately 1,000 square feet of landscaped area, meeting the City's minimum requirements in both regards. Included in the landscape plan for the project will be 16 shrubs. Signage. The Sign Code allows the building to have 2 square feet of signage for each 1 foot of building frontage, capped at 200 square feet. Being that this building is perpendicular to Central Avenue, and has only 28 feet of building frontage, the restaurant will be limited to 56 square feet of signage. 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 monument 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 in area. The proposed monument sign is 10 feet in height and 64 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 also be 32 square feet in area. For this reason, the LED display conforms to the sign code. Stormwater Management. The applicant is proposing to use a small underground holding tank to help meet the City's requirements for stormwater management. The City Engineer has reviewed the plans and has determined that they meet City requirements for rate control but only partially meet the requirements for water quality. A partial storm water management fee will be calculated and applied to the project to make up for the difference. Design Guidelines. The project is located at 4910 Central Avenue, which is also located within the Design Overlay Highway District. Properties located in this district are subject to design guidelines when discussing the placement of the building on the lot, the height of the building, architectural details of the building, and 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 same design objectives. The City may permit alternative approaches that, in its determination, meet the objective(s) of the design guideline(s) equally well. The City may also waive any guideline when specific physical conditions of the site or building would make compliance more difficult or inappropriate. Some Design Guideline elements that have been met are as follows: FRANCHISE ARCHITECTURE. Franchise architecture (building design that is trademarked or identified with a particular chain or corporation and is generic in nature) is prohibited unless it employs a traditional storefront commercial style. The Sonic building itself is not shaped in a way that distinguishes the building as a Sonic Restaurant, and it also employs a traditional storefront commercial style. For this reason, the proposed building meets the Design Guidelines pertaining to franchise architecture. PLANNING & ZONING COMMISSION MINUTES PAGE 7 JAN UARY 6, 2009 DRIVE THRU FACILITIES. Drive-thru elements shall be placed to the side or rear of the principal building, and shall not be located between any building fa~ade and Central Avenue. The proposed location of the drive-thru elements is located on the south side of the building, behind the front face of the restaurant. The orientation of the building to Central 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-thru elements located correctly on the property than to have the building oriented correctly. PRIMARY FACADES. The base or ground floor of the building shall include elements that relate to the human scale, including te~ture, projections, doors and windows, awnings, canopies or ornamentation. The Sonic building design incorporates a cultured split-face block, windows, awnings and building projections, all achieving the intent of the Design Guidelines. BUILDING COLOR. Principal building colors should consist of subtle, neutral or muted color with low reflectance. The Sonic color scheme includes different shades of gray, which meets the Design Guidelines. FINDINGS OF FACT (Parking Variances) The applicant is proposing two variances per Code Section 9.110 (C) pertaining to parking 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) 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 subject property is only 100 feet in width. This narrow configuration makes it extremely difficult to place a building, drive aisles, parking stalls and landscaping without needing a variance to do so. The shape of the property, therefore, drives the setback variance requests for parking. 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. This property is unique in that the only access it has is via the alleyway to the west. Being that the alley is the only access point, the building, parking stalls and drive aisles have to be placed specifically on the property to accommodate both the business and the general public. There are few other properties 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 person currently having a legal interest in the property. The provision of the City Code requires specific setback standards for parking that would make development on this property very difficult to manage. Although Border Foods split IS feet of land from this property in order to accommodate the Taco Bell development, those IS feet were needed to construct the Taco Bell building with no variances. Border Foods was in the process of selling the subject parcel at 4910 Central Avenue, and did not know that they would be able to develop on this land until a few months ago. The overall lot widths for both 4900 and 4910 Central Avenue are not sufficient to accommodate two developments without the need for a setback variance. PLANNING & ZONING COMMISSION MINUTES PAGE 8 JAN UARY 6, 2009 d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this property for commercial redevelopment. The gr~anting of the variances would aide in fulfilling the goals of the Comprehensive Plan for this area. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The gr~anting of the variances would enable the development of a new restaurant on what is now undeveloped land. The requested variances will not be detrimental to the public welfare or use of properties in the vicinity. FINDINGS OF FACT (Monument Sign Variance) The applicant is also proposing a 24 square foot area variance for a monument sign per Code Section 9.106 (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 that based on the highway speeds along Central Avenue, a 32-square feet LED sign would be the minimum functional size to attract patrons to the restaurant. In order to comply with the newly created Ordinance 1553, which requires that the LED portion of a monument sign be no more than SO% of the total square footage of signage, the total signage was increased to 64 square feet in area. Another hardship on the property is that there is no entrance to this property from Central Avenue. A larger sign would enable patrons to notice the business more appropriately so that they can enter the property from 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 are very few businesses along Central Avenue with access solely from the alley. The fact that there is no direct access to Central Avenue is a unique aspect of this property. c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. People having a legal interest in the property have not created the hardship. The hardship has been created by the design of the exits and entrances to and from Central Avenue. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area for Commercial use. The gr~anting of the variance would aid in the establishment of a permitted use in the General Business District. PLANNING & ZONING COMMISSION MINUTES PAGE 9 JAN UARY 6, 2009 e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The proposed monument sign will be located away from intersections and will not cause a negative impact on passersby or the general public. FINDINGS OF FACT (Site Plan Approval) Section 9.104 (N) of the Columbia Heights Zoning Code requires that the Planning Commission make each of the following four (4) findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article. As stated previously, the project site is located in the Design Overlay Highway District. There are two proposed deviations from the Design Guidelines for the construction of the Sonic Restaurant building as currently presented. They include the following: Building Placement. The Design Guidelines require the buildings to have a well-defined front fa~ade with primary entrances facing the street. Buildings should be aligned so that the dominant lines of their facades parallel the line of the street and create a continuous edge. The Sonic building has a well-defined front fa~ade facing Central Avenue, however, the dominant lines of the building do not face that direction. The dominant fa~ades are perpendicular to Central Avenue rather than parallel, which does not meet the Design Guidelines criterion. After extensive research, Staff determined that the proposed placement of the building on the property is the only location that will adequately provide parking stalls and drive aisle placement, while still providing the adequate space for the building and drive-thru facilities. As stated previously, the orientation of the building and the location of the drive-thru elements are directly related. The applicant and staff agr~eed that locating the drive-thru elements correctly had a gr~eater visual impact than orienting the building correctly. Building Heighz All buildings shall have a minimum cornice height of 22 feet in order to create an increased sense of enclosure and diminish the perceived width of the street. This also conveys a multi-story appearance even if the building has only one occupied fZoor. The majority of the Sonic building will be 16'-6" in height. The front entrance tower, however, will be 22 feet in height. The intent is to have the entire building a minimum of 22 feet in height in order to create a two-story appearance. With the width of the Sonic building at 28 feet, raising the overall height to 22 feet creates a disproportional appearance to the building, causing it to look abnormal. The overall intent of the Design Guidelines is to create aesthetically appealing structures. The proposed building is proportional in shape and meets this intent. 2. The site plan is consistent with the applicable provisions of the City's Comprehensive Plan. The applicant's proposal is a commercial building and therefore consistent with the Comprehensive Plan. 3. The site plan is consistent with any applicable area plan. Currently, there is no area plan for the proposed project area. PLANNING & ZONING COMMISSION MINUTES PAGE 10 JAN UARY 6, 2009 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed plans are consistent with the Zoning Code in regards to building setback and screening from adjacent residentially zoned parcels. For this reason, the site plan minimizes and adverse impacts on property in the immediate vicinity and public rights-of-way. Border Foods have worked closely with City Staff to present a proposal that is consistent with the intent of the Design Guidelines and the Zoning Ordinance. Staff feels that the end product will be an asset to the community, and will aid in the effort to redevelop older portions of Central 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 49th and Central to direct traffic to the business. Sargent explained that signage on the corner 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 Border Foods, but they don't know if it will be necessary to have directional signage at this time. Peterson questioned whether this type of business might cause excessive congestion at the alley and 49tn and SOth Avenues. Sargent 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 options are limited to any business that would locate on this site because there is no access to it from Central Avenue. 1VINDOT 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 Schools. She stated that when the Sonic opened in Elk River they required Police assistance for at least 3 months due to traffic congestion. Schmitt said other cities have also required assistance and asked the representative, Barb Schneider, from Border Foods if they would be willing to pay for such service. Barb responded that she is aware of issues at some of the sites, especially when they first open. In these instances, Border Foods has paid for additional Managers, Consultants and Police to help direct traffic and ease parking situations. She stated that she doesn't have a traffic plan with her for this meeting, but is confident that these problems will work themselves out. Schmitt asked what hours they operate. Barb Schneider stated they open for breakfast at 6 am and deliver to cars until 10 pm. The drive thru remains open until midnight. Members asked about the music that is played through a speaker system outside. Barb explained that they are very cognizant of being ne~t to residential areas and that the speakers can be directed within the canopies and are individually adjusted. So far they haven't had any complaints regarding the music at other locations. When asked about employee parking due to size of the site, Barb stated that employee parking would most likely be off site. Szurek stated she has visited other Sonics on occasion and is pleased they chose to locate here. She was, however, concerned with servers skating in winter weather. Barb stated that Managers and employees make the decision when they can or cannot skate for safety reasons. PLANNING & ZONING COMMISSION MINUTES PAGE 11 JAN UARY 6, 2009 Peterson asked if the sign for the drive thru is a lit sign. Barb stated, it was, but did not have any moving parts. Sargent stated the sign is allowed under our Ordinance. Peterson then asked how the height of the monument sign compares to the Liquor Store's. He was told it would be the same height. Public Hearing Opened. No one was present to speak on this matter. Public Hearin~ Closed. Motion by Peterson, seconded by Schmitt, to waive the reading of Resolution No. 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 approving a site plan, for a Sonic restaurant 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: 1. Prior to at the time of issuing a building permit, surety in the form of a Letter of Credit or cash escrow shall be provided to Public Works in the amount of $5,000 for erosion control & site restoration in accordance with the City storm water management code. This will be returned following completion of turf establishment. 2. A letter of credit (LOC) needs to be provided prior to at the time of issuing a building permit for the public improvements and site landscaping. The calculation of the LOC shall include the removal and reconstruction of the alley and complete site landscaping x 1.25%. 3. For engineering site inspection, the Developer shall provide $1,500 to be deposited in an engineering escrow account for public ROW improvements, site SWPPP and utility connections. All unused funds are returned to the Developer at project completion. 4. The site storm water management meets City requirements for rate control and infiltration but only partially meets requirements for water quality. A partial storm 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 vehicle tracking, all construction 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 stormwater discharge through the rain garden in the adjacent Taco Bell property. 7. The alley must be maintained as accessible during construction. 8. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 9. The screening fence to the west of the alley is a requirement for the commercial property and should be brought to uniform condition. All Ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES PAGE 12 JAN UARY 6, 2009 RESOLUTION NO. 2009-PZ02 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE SONIC RESTAURANT LOCATED AT 4910 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2009-0102) has been submitted by Border Foods, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4910 Central Avenue LEGAL DESCRIPTION: On file at 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 hearing 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 regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site 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 L) calendar vear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED 1. Prior to at the time of issuing a building permit, surety in the form of a Letter of Credit or cash escrow shall be provided to Public Works in the amount of $5,000 for erosion control & site restoration in accordance with the City storm water management code. This will be returned following completion of turf establishment. 2. A letter of credit (LOC) needs to be provided prior to at the time of issuing a building permit for the public improvements and site landscaping. The calculation of the LOC shall include the removal and reconstruction ofthe alley and complete site landscaping x 1.25%. 3. For engineering site inspection, the Developer shall provide $1,500 to be deposited in an engineering escrow account for public ROW improvements, site SWPPP and utility connections. All unused funds are returned to the Developer at project completion. PLANNING & ZONING COMMISSION MINUTES PAGE 13 JANUARY 6, 2009 The site storm water management meets City requirements for rate control and infiltration but only partially meets requirements for water quality. A partial storm water management fee has been calculated and applied to the project, payable prior to or at the time of issuing the building permit. To minimize vehicle tracking, all construction traffic shall be directed through the vehicle tracking pads, as indicated on the plan. A drainage easement or agreement is needed for the site's stormwater discharge through the rain garden in the adjacent Taco Bell property. The alley must be maintained as accessible during construction. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. The screening fence to the west of the alley is a requirement for the commercial property and should be brought to uniform condition. Passed this 6t'' day of January, 2009, Offered by: Peterson Seconded by: Thompson Roll Call: All ayes CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson Motion by Peterson, seconded by Thompson, that the Planning Commission recommends the City Council approve the 15-foot front yard parking setback variance, the 5-foot side yard parking variance and the 24 square foot area variance for the monument 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 and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials including maps, drawings, and descriptive information submitted with the application shall become part of the permit. All ayes. MOTION PASSED. The attached Resolutions will go to the City Council January 12tn RESOLUTION NO. 2009-XX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR SONIC RESTAURANT WHEREAS, a proposal (Case # 2009-0102) has been submitted by Border Foods to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4910 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 15-foot front yard parking setback variance per Code Section 9.110 (C). PLANNING & ZONING COMMISSION MINUTES PAGE 14 JAN UARY 6, 2009 WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 6, 2009; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 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 conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials including maps, drawings, and descriptive information submitted with the application shall become part of the permit. RESOLUTION NO. 2009-XX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR SONIC RESTAURANT WHEREAS, a proposal (Case # 2009-0102) has been submitted by Border Foods to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4910 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot side yard parking setback variance per Code Section 9.110 (C). PLANNING & ZONING COMMISSION MINUTES PAGE 15 JAN UARY 6, 2009 WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 6, 2009; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 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. 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. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials including maps, drawings, and descriptive information submitted with the application shall become part of the permit. RESOLUTION NO. 2009-XX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR SONIC RESTAURANT WHEREAS, a proposal (Case # 2009-0102) has been submitted by Border Foods to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4910 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 24 square foot area variance for the construction of a monument sign per Code Section 9.106 (P)(12). PLANNING & ZONING COMMISSION MINUTES PAGE 16 JANUARY 6, 2009 WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 6, 2009; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 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. 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. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials including maps, drawings, and descriptive information submitted with the application shall become part of the permit. OTHER BUSINESS 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 in February to get their comments or approval on it. The meeting was adjourned at 7:50 p.m. Respectfully submitted, Shelley Hanson Secretary