HomeMy WebLinkAbout20090505P & Z MinutesPLANl~TING AND ZONING COMMISSION
MINZTTES OF THE REGULAR MEETING
MAY 5, 2009
7:00 PM
The meeting was called to order at ~:00 pm by Chair-Marlaine Szurek.
Commission Mernbers presel~t- Thompson, Fiorendino, Sch~nitt, Szurek and Peterson (arrived at 7:03 pm}.
Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Ha.nsan
(Secretary).
Motion by Sch~nitt, seconded by Thampson, to a~prove the ~ni~2utes, f~o~n the nzeeting of March 3, 2009. All
ayes. M07'ION PASSED.
P~JBI.IC ~-IE~~N~~S
(.'A~"L+ 1'V't71'V11i~:K: ~U~i~-I)~t)1
APPLICANT: Fairview Clinic
i~~~l~~i ~~i}i~iT: ~rQ~o ~~Y'iii'a~ r~ii%~I~iii~
~~~TTE~Z': Si~e p~Ril
INTRODUCTION
Sargent expiained that Spectrum Signs is requesting a Site Plan approval for the installation of a new
monument sign far the Fairview Clinic lacated at 4000 Central Avenue. This building has been the
location for the Columbia Park Clinic, and Fairview Clinic has become a recent co-tenant. Sargent
reviewed the details of the request and the City's requirements.
COMPREHENSIVE PLAN
The Cornprehensive Plan guides this area for Cormnercial related activities and provides opportunities and
mechanisms for successful redevelopment of targeted areas within the community, by ei~llancing the image
and viability of the i;entral and 40~ ~vvenue corridor. One way to accomplish this ~oai is for the businesses
along Central and 40~' Avenue to canfonn to the Design Guidelines for coininercial-related activity. By
using a Inonument sign instead af a pylon sign, Fair~~iew Clinic's sig~Zage plan would be consisten~ with the
Desigiz Guidelines and thus cansistei~t with the Cainprehensive Pian.
ZONING ORDINANCE
The property is located i~1 the Central Business District (CBD), as are the surraundiizg pro~erties. The
subject parcel is also located within the Design Overlay Central Business District, and is subject the
re~ula.tions lc~r su~h prc~}~e~ties.
The City Code at Section 9.105 (P)(11) states that monumei~t sia s in the CBD District s1ia11 be Iimited to
40 sq~~are feet ner side, Pight feet ~n 1~?ight, an~ sl?ali be sPt b~ck ~ miz~im,,,a~ of fitrP feet ~r~m a.~1 prop~rty
lines. The applicant's sign plan indicates that the mol~ument sign will be T9" in height and 38S square
feet in area. The site plan far the sign also indicates that the monument sign will be located six (6) feet
frorn the property lane ap€~~~g 4€~~' t~venue.
DESIGl~ GL1II)EL,INE~
S~GNA~~. Tlze I~esign Gurdelines prc~h~brt the use of ~ylon si~~as a~zd r~quire that a11 monulner7t slgns be
car~s~ruct~d oi materaals co~n~at~ble ~v~t~ thasE t~iat ar~ use~ on the ~ri~~cipal structure. The ~i~opos~d ~ians
ind~cate t11at the monument sign's base will be constructed af brick and wi11 be colar~d ta match the
I~uilding.
Playining & Zoning Comnussion Minutes
Page 2
May 5, 2009
The Design Guidelines also prohibit internally lit box signs. The proposed monument sign incorporates
internally lit routed letters, which is consistent with the intent af the Design Guidelines.
FINDINGS OF FACT
Site Plan Approval
Section 9.104 (lv~ requires that the Planniug and Zoning Commission shall make each of the following
findings before approving a site plan:
1, i he site pIan confbrms to ali applicabie requirernents or t1~is articie
The proposed site plan meets all the Design Guidelines standards for monument signs in relation to
the colot- of Phe sigr~ ~i~d t~e P-ypes ~f rr~aterials used to ~onstruct it.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
The proposed sign plan is consistent with the Comprehensive Plan, as it is consistent with the
Design Overlay Central Business Distract.
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 setback requirements and all Design Guideline
requ~rements, For this reason, the ~roperty in ihe immediate vicinity s~zould -n~i bE adversely
impacted.
RECOMM~NDATION
The signage plan conforms to all standards outlined in the Design Guidelines. Staff recommends approvai
of the site plan for the Fairview Clinic, located at 4000 Central A~/enue.
~~~e~tions from Mernbers:
Szurek asked ~f thSS locatian had ever had a i7lonunient sign before. Sargent told her they had not.
F~orendino asked what wauld prohibit them from refacing tlus internally lit sign in the future ta make it
appear more like the white bax sign we want to prevent. Sargent stated any refacing af the sign would still
have to rneet t1~e I~esign (Tuidelines aa~d that staff ~vould handle t~~s a 'rt~stratively.
Schsnitt camme~~ed that the s~ga~ laaks as thcaugh it will be appraximately th~ sanae height as the ~inarrcial
~ne si~n.
Peterson thaugl~t the prc~p~sed sig~a l~oked good and ~vauld be a nace addition to the site.
Planning & Zoning Cominission Minutes
Page 3
May ~, 2009
Public Hearin~ Opened.
No one was present to speak on this issue.
Public Hearin6 Closed.
Motion by Fio~~endino, secoi~ded by Peterson, to waive the readi~~g of Resolutzon No. 2009-PZOS, there
being anipZe copzes availc~ble to tl~e publie. All ayes. MOTZON P~fSSED.
I~Iatiof~ by Tiof~endirz~, s~conded by Petef°sof~, to adopt Res~duticn rTo. 2009-P205, ~eing a~^esolutic~n
app~°aving a site plan fo~^ l~aiy~view L'linzc, located at ~UVU Centr~ai Avenue. Aii ayes. Iv1vTlviJrhSSEi~.
RESaLUTION NO. 2009-PZOS
RESOLUTION OF THE PLANNi1rIG AND ZONING COMIVIISSION APPROVING A SITE PLAN
FOR SIGNAGE AT 4000 CENTRAL AVENUE WITHIN THE CITY OF COLtiMBIA HEIGHTS,
~Z]CNNESOTA
WHEREAS, a proposal (Case #2009-0501) iias been submitted by Spectrum 5igns, doing ~usiness far
Fairview Clinic, to the Planning and Zoiung Commission requesting a site plan approval froin the City of
Coluznbia Heights at the following site:
ADDRESS: 4000 Central Avenue
LEGAL DESCKIP~'I(7N; (~n file at City HaII.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan appravai for signage for
Fairvietiv ~linic l~cat~d at 4QOQ Central Avenu~.
VtrHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Cade on
May 5, 2009;
WHEREAS, the Planning and Zoning Commission has considered the advice and recormnendations of the
City staff regarding the effeet of t~e prQpesed site plan upan tlie health, safety, anc~ welfare af the
conuni.u~ity and its Comprehensive Plan, as well as any concems related to compatibility af uses, traffic,
property values, light, air, dal~ger of fire, and risk to public safety in the surrounding areas; and
NOW, THEREFORE, BE IT RES(~3LVED by the Plaiia~zg and Zoning Cornmission of the City of
Columhia Heights after reviewing the proposal, that the Planning a11d Zoning Commissian accepts and
adopts ~he follawing findings:
~. T~ie site ~Ias~ confonns to all applicable requirei~~ents ~f this a~-ticle, ~xcept sigr~age.
2. ~Th~ sate plan is coa~sistent wit~ the applicable provicic~ns of tlze city's can~prehensive piar~.
3. "The sitc plan ~s co~sistent w~th any app~icable area p~an.
4. The site plan n~inimizes any adverse irripacts ~n property in the immediate vicinity and th~ public
right-of-way.
Planning & Zarung Commission Minutes
Page 4
May 5, 2009
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall
become part of this perrnit and approval; and in granting this permit the city and the applicant agree that
this permit sha11 become null and void if the project has not been completed withuz one (1) calendar vear
after the approval date, subject to petition for renewal of the pernut.
Passed this 5~' day of May, 2009,
Offered by: Fiarendino
Seconded by: Peterson
Roll Call: Ali ayes
CHAIR Marlaine Szurek
..
hrie~i:
SECRETAR.Y, Shelley Hanson
Approval is contingent upon execution and return of this document to the City Plamiing Office.
I have read and agree to the conditions of this resolution as outlined abave.
Richard Ferraro
CASE NUMBER:
~PI,ICAl~'~:
LOCATION:
12~Q~S'T:
Date
2009-0502
Alan C. i~t%ig~ins
4337 University Avenue
l~ezoning of property from LB ta R-2A
BACKGROUND
At this time, Mr. Alan Wiggins is requesting a zoning amendinent to rezone the property at 4337 University
Avenue from LB, Limited Business, to R-2A, One and Two Family Residential.
The previous use of the property was a single-family residence. The LB, Limited Business zaning
classification does not allow single-family dwelling units as a permitted use. For this reason, the property
w~ ~onsi_der~d l~gally nanconfonning when it was being used as a single-family house. Mu~nesota State
Statutes state that a11 nonconfarnlities may continue their existence until the noncanfonnity ar occupancy is
discontinued for a period of mare than one year. In 2007, the property went u~to fareclosure and the house
b~cam~ vacan~a I,ast i~anti~, the appli~ant p~zrch~.s~d the g~r~~erty with the ~nt~nt ~f residing in it.
Staff infaa-a~ed a V~Iiggins ~hat the ~raperty was considered nonconfmrmiYng in tila~ the one-year peria~
l~ad elapsed and s~n~;Ie-family uses wer~ ric~t perrs~~f#ed ir~ the L~, Lir~s~~ed ~usiness z~r~i~ag c4assificatia~.
~~ tl~at t~~~e, the ap~lic~n~ ~n~~red ~bc~t ~eza~~b the property t~ ~.-?A, C)ne an~ `I'urc~ F`~m~ly F~esidential
so that the praperty may be reaccupied as a single-famity use.
Plailning & Zoning Commission Mi~iutes
Page 5
May 5, 2009
COMPREHENSIVE PLAN
The Comprehensive Plan currently guides the propert~ Transit Oriented DeveIopment (TOD). This
guidance allaws for a mi~~ture of neighborhood service-oriented development with varying densities of
residential development. A single-family use wauld be consistent with the appropriate uses for this
Comprel~ensive Plan guidance.
ZONING ORDINAI~TCE
The subject property is currently zoned LB, Limited Business, as are the properties to the north. The
property directly to the south is zoned R-2A, ~ne and Two Family Residential. The proposed zoning
classification for the subject property is also R-2A, One and Two Family Residential, and would be
consistent with the zoning classification in the area. Rezoning the property would also be consistent with
the historic use af the property as a singie-family house. ~argent explained this is not considerec't a spot
rezoning wl~ich the City tries to avoid because the re-zoning would coincide ~~ith the properties to the
south.
FINDINGS OF FACT
Section 9.104 (F) of the Coluinbia Heights zoiung code requires that the City Council make each of the
following findiilgs before approving a zoning amendment:
1. The amendment is cansistent with the Comprehensive Plan.
The Comprehensive Plan currently guides the property Ti^ansit O~~iented Developme~zt (TOD). This
guidance allows fof- a mixture of neighborhood service-oriented development with va~ying densities
~f residential devQlopnaent. ~1 single family use woa~ld be consistent with the ap~r~~priate uses foN
tl~is r'Qt~2~rshensive Plan b idance.
2. T'he ar~leridment is i~~ the public i~lterest and is not solely fc~r tlie ber~efit ~f a siiagle property
ovv~ier.
Althougl~ the proposed rezoning of the ~aroperty at ~337 Universiry is via r~equest fr^o~n a single
prope~°ty oivf~er, tl~e berzefr.t of the property being rezoned is to the public. Without the rezoning, the
house would sit vr~cant indefinitely, o~ u~ztil a p~°ospective develo~er would purchase tl2e Zand for
redevelopn~ent. Staff recommends f~ezoning the pa~cel to e~~able tl~e historic use of the pro~erty to
COYtliYcl~~.
3. VtThere th~ amend~nent is to cl~ange the zoning classification af a particular }~rapea-ty, th~ existing
use af ~he ~r~periy a~z~ ihc zonir~g classif cation of praperty wiihi~~ ihe generai area uf il~e
property in question are compatible with the proposed zoning classificatian.
The p~evious use of the pro~ae~~ty was a single fanaily house. The proposed zoning classzfication is
eo~zsistent wzth the zonzng classificatiof~ in the gene~al a~ea, and the propased use of the pro~erry zs
c~n.sistent ~vith ~~~he hz,~stoYie use ~f t~he prope~ty.
Planning & Zaning Cammission Minutes
Page 6
May 5, 2009
4. Where the amendment is to change the zoning classification of a particular praperty, there has
been a chan~e in the character or trend of development in the general area of the property in
question, which has taken place since such praperty was placed in the current zoning
classification.
~t is unclear as to why the property was originaZly zoned LB, Limited Business. It is conceivable
that the intersection of 44`h Avenue and University Avenue could be redeveloped into a conzmerczal
entity, and that the property at 4337 University Avenue was included in the LB Dist~ict to ensure
that enough land was set aside for such a developnzent.
With that said, the propeYty directly to the narth is used for multi family residency, and the
likelihood of that intersection being redeveloped is slim. The change in the trend of development is
that redevelopment of tlie area into a conforming use is not likely to occur.
RECOMl~~NDATION
Staff recommends the Plaiming Commission approve the re-zoning af 433 / university ~ivenue.
Questions from members:
There were no questions from the members.
Public Hearing O~ened:
Michelle Ballentine who recently purchased 4334 4~' Street spoke in favor of the re-zoning. She felt the
property should be zoned in a R~sid~ntial category and would not support the site being used as a business.
She stated that a business at that location would be an inconvenience for everyone else in the neighborhood
~ue t~ a.ccess issues and the fact that all of the surrou~ding pxop~rti~s ar~ also used as residential.
I'ublic Hearin~Clased.
Motion by Peterson, seconded by Schmitt, that the Planning Commission recommend the City Council
approve the rezoning of the pYOperty located at 4337 University Avenue from LB. Linzited Business to R-
2A, One and Two Family Residential. All Ayes. MOTIDNPASSED.
~'he foli~wing ardinaric~ c~iill ao t[7 tlle ('.,ity Cvtu1C14 May 11, 2009.
4J.~\VJ1\L-3.1\TI~L` A.,AAli
CITY OF+' COL IA HEIGHTS, MIl`~1VESCITA
BEING AN ORDINANCE PEItTAINING TO ZONING AND DEVELCIPMENT ORDINANCE NO. 1428,
I'~I~'T~ G TC~ `~" ~t~ ~~F A~EY~'~' PI~~JP'ER L~~~TED A'I' ~33'7 ~
A NE
~E~'TI~I~ f :
~IZ~~1~`, the cur~~~at zo~7~rrg class~eatzot~ c~f the pr~~erty dc~es rac~t allQ~v a si~~gle-fa~azidy ~se as a pernxz~tec$ usecl,°
and
Plazming & Zoning Coinmission Minutes
Page 7
May 5, 2009
WHEREAS, the historic use of the property I~as been single family occupancy, which caused the use to be legally
nonconfornzing z~nder the cu~°rent zoning classification; a~~d
WHEREAS, the previous single-family use was discontinued far more than one year, causing the legal
nonconforming status to tenninate.
VVVHEREAS, rezoning the subject parcel franl LB, Limited Business to R-2A, One and Two Fainily Residential
provides the re-accupancy of the subject parcel to its histaric use; and
~'~IER~ti~, the rezaning is c~r~sistent with tre C;ty ~arnprehensive Plan, and is in the ~ublic interest and not solely
tor the benetit of a single property owner; and
wuE~_~S, the propo~e~1 z~ning classrfc~tin„ of the pronezty is caanl~atible with the surroundina zoning
classifications and uses, and v
BE IT FUR~'HER RESOLVE~ that the Planning Cammission has reviewed and recommends approval of the
propased rezoning frorn LB, Limited Busii~ess District to R-2A, One and Two Family Resideiltial.
SEC'TIQN 2>
This ordinance shail be in full force and effect fi•om and after 30 days after its passage.
CASE NUMBER: 2009-0503
APPLIC~i~T~': Top ~aiue Liquor
LOCATION: 4950 Central Avenue
REQITESTe Cond'ati~nal Use Permit for LED Sign
INTRODUCTION
The City of Coluxnbia Heights just recently approved a Zoning Amendment that requires a Conditianal Use
Pernlit (CUP} for all new digital LED sigi~s installed within the City. At this time Tap Va1ue Liquar, a
inunicipal liquor store, is requesting a CUP in order to coinply with the City Code.
COMPREHENSIVE PLA1~T
The Comprehensive Plan desigalates this area far commercial devela~inent that includes goals far
commercial and economic development. These goals include advacating high quality development aild
redevelapment within the camYnunity, and ei~liancing the econamic viability af ihe canununitya The
applicant's propasal for a digital LED sign is consistent with these goals, as the s'rgn wilP be used for a ne~v
canunercial redevelopment.
~~I`~Ii~~ IN C~
The g~rs~perty loca~ed at 49~0 Central ~~er~ue N~ is zo~~d t~~, ~eneral B~as~z~ess, as ~r~ the prc~perti~s tca
t~~ ~~~t1~, ~~~ a~~a~ s~ut1~. `~'~~ pr~~e?°t~~s ~c~ t~~~ ~~~~t ~r~ ~an~d Ie.-2~1 a~1d I~-213, One and T~Ts~ F ily
Residential. Digital LEI} signs are pem,itted as a Canditianal Use in the G~, CTeneral Busin~ss ~istr~ct.
Planning & Zonulg Commissian Minutes
Page 8
May 5, 2009
Top Value Liquor is requesting the proposed LED sign to be attached to the existing freestanding
monument sign for the store. The LED portion of the sign will be 20 square feet, which is the maximum
allowable by City Code. Top Value Liquor will also be required to meet all other regulations governing
LED signs, which have been attached as canditions of approvai. Sargent referred to the drawings included
in the agenda packets of the proposed signage.
FINDINGS OF FACT
Section ~.10~ (H) of the Zoning Urdinance outlines nine conciitions inat musi ae met in orde~= ic~~ ~~~~ ~i~y
Council to grant a Conditional Use Permit. They are as follows:
1. The use is one of the conditional uses listed for the zoning district in vvhich the praperty is Iocated,
or is a substantially similar use as deternlizied by the Zoning Administrator.
Digital LED signs are specifically listed as a Conditional Use in the GB, General Business District.
2. The use is in harmany with the general purpose and intent of the Comprehensive Plan.
The Comprehensive Plan designates this area for comrne~cial development that includes goals for
commercial and economic development. These goals include: strengthening the image of the
community as a desirable place to 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 redevelopment within the
community, and enhancing the economic viability of the communzty. The applicant's proposal for a
digataf LE~ sign is consisteni with ihese goals, as the sigt~t -will ~e used for a new con~n~er-cial
redevedopment.
3. The use will not impose hazards or disturbing influences e~n neighboring properties.
The ap~licant will have to abide by specific development standards as they relate to LED signs.
These standards we~•e 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 feels
that the use will not impose hazards on the neighboring properties.
4e The use will nat substantially diminish the use of praperly in the immediate vicinity.
The use of property in the imnzediate vicinity will not be diminished by the placement of a digital
rE~ sign at 495~J ~`Pn~al Av~r~u~.
5. The use will be designed, constructed, aperated and maintained in a manner that is compatible witl~
the appearance of the ex~stin~ ar int~r~ded charact~r c~f the s~rrc~undin~ ar~a.
The applzcant tivill hcav~ to c~brde by specific dev~lo~aneazt stanc~ards as they rel~te ta LEl~ signs.
These stana'ards will help ensure ~ornpcrtibzZity wrth the appea~yance r~af the exasting sut°roundrng
ClY~CX.
6m The use and p~€~perty upon which the use is lacated are adequately served by essential p~blic
facilities and services.
7'd21S l5 Cf~~'YBCt.
Planning & Zaning Commission Minutes
Page 9
May 5, 2009
7. Adequate measures have been or will be taken ta minimize traffic congestion on the public streets
and to provide for appropriate an-site circulation of traffic.
The us~e af a digital LED sign at tl~is locatiorz will not affect t~~affic.
8. The use will not cause a negative cwnulative effect, when considered in conjunctian with the
cutnulative effect of oiher uses is the immediate viciiuty.
By subjecting the use o, f a digital LED sign ta specific develops~~ent standards, it is intended that tlze
use ~~ill not cause a negative cumulative effect.
9. The use complies with all other applicable regulations for the district in which it is located.
Tlzis is correct.
RECOMIVIENDATION
Staff recammends approval of the proposed CUP for a digital LED sib for the Top Value Liquar Store
located at 4950 Central Avenue.
Questions from the members:
Schinitt asked why they are requesting an approval for just one sib at this time. Aren't there plans ta do
this at the other location(s) also? Sargent said that the Liquar Store is requesting a sign at this location only
far the tuize being.
Petersaz~ l~ad ~oncerns that the sign is too e~ose to ~he corner and the ~ntersection is alr~ady c~uttered,
es}~ecially when driving south on Central Ave. He questions whether it will take away from the aesthetics
of t~i~ current sign, ancl if it vvili even be i~~rticed. ~Ie thought it wo~ld have looked nieer if ~he sign ~uould
have been placed more in the center of the property, rather than so near the corner. He was concerned that
adding a message board to the current sign may be detrimental to the safety of the traffic at that
intersection.
Szurek stated she also thought the area looked cluttered and that it should have been placed a little further
s~utli o~ tlie g~ro~el~ty.
Sargent abreed thes~ are a11 valid poii~ts, but tl~e sig~ is already in place. He went on to say that the Liquar
Store ~nay i~av~ ia adjus~ the size of trie letteri~~g that ~aill be the most ~tlvai~tage~us t~ thezn. An~ he
reininded members that the message has t~ stay coi~stant for 10 minutes at a tilne, so the impact an iraffic
safety should be minimal.
Pub~ic ~~eari~~ ~~ened:
~herily~ ~avi~s f~ogn ~001 Jacks~n St stated t11at traffic has iilcreased a 1Qt sin~e ±I~e L,iq~z~r ~t~re bu~It at
that site, a~1d the r~e~vv Sc~nic drive-i~i wgll cause it tcs increase even more. Shc is canc~rn~ci that the
intersection is so busy a1~d sa cluttered that it is becoming dangerous. She feels this type of sia abe wiil
make it worse. Tliese businesses were not located thcre when they pw-chased their home.
Planiung & Zoning Commission Minutes
Page 10
May 5, 2009
Fiorendino stated he understood her concerns, but there are restrictions in place that should help limit the
impact. And he feels the new sign regulations provide for more attractive signs than what has been used in
the past.
~chsnitt ~.gr~~d th~t C~ntral Avenue is a busy sireet, but feels it is good that the businesses along there are
doing well. It is a business street and it is the City's hope that they thrive. She said the sign would be
similar to St. Anthony Liquor stares and that she thought it was a nice looking sign.
Public ~I~arin~ Closed.
Motion by Schmitt, seconded by Thampson, that the Planning Commission recommends the City Council
approve the Conditional Use Permit for a for a digital LE17 sign for the Top Value Liquor Store located at
4950 Central Avenue, subject to certain conditions of approval that have been found to be necessaty to
protect the public interest and ensure compliance with the provisions of the Zoning and Developmerat
Ordinance, including: '
~. The dynamic LED signs may occupy no more than fifty percent (SO%) of the actual copy and
graphic area. The remainder of the sign must not have the 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 LED sign may not change or move more often 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 cd~splayecl not relating t~ the date, tzraae or tQraaperature must not
chang~ ~r m~ve moa•e ofter than once ~very ten (1 ~) minutes.
4. The images and me~sages displayed must be static, a-rtd the transitian from o~~e state c~ispd~y te~
another must be instantaneous without any special effects. Motion, animation and video images are
prohibited on dynamic LED sign displays.
S. The inzages and messages displayed nzust be complete in themselves, without continuation in
content to the next image or message or to any other sign.
6. The dynamic LED signs must be designed and equi~ped to fi°eeze the deviee in one ~osition if a
~raadfunction sdaall ~ccua~. ~'he displcays must czls~ be equipped with a rraeatas to ir~~mediately
discontinue the display if ii malfunctions, and Phe sig~i axfne~ rr~ust i-rt~:redaately sto~ the ~'yt~~n~ic
display ~vhen notified by the ciry that it is not complying wzth the standards of this aT~dinance.
Planning & Zoiung Carnmission Meeting
Page I I
May ~, 2009
Ayes: Thompsan, Fiorendino, Szurek, and Sclunitt I~ay: Peterson (for safety reasons). MOTION
PASSED.
The following Resolution will ga to the City Council May 1 l, 2009.
DItAFT RESOLUTION NO. 2009-XX
RESOLUTION APPROVIlVG A CONDITIONAL USE PER.MIT FOR
TOP VALUE LIQUOR
WTI'~T 'Y`~I~ ~I'TI' f)F COLLTM~Ir~ HE~G~~S,1~~I~tI~'3ES~Tr~i
WHEREAS. a nronosal (Case #2009-0503) has been submitted by Top Value Liquor to the City Council requesting
a conditional use ~ermit from the City of Columbia Heights at the following site:
ADDRESS: 4950 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Canditianai Use Permit per Code
Section 9.106 (P)(13}(c)1, to allow a dynainic LED sign in the GB, General Business District.
VV~IEI2EAS, the Plan~iu~g Commission has held a public hearing as required by the city Zoning Code on
May 5, 2009;
WHEREAS, the City Council has considered the advice and recommeildations of the Planning
Conunission regarding the effect of the proposed conditional use permit upon the health, safety, and
welfare of the community and its Coinprehensive Plan, as well as any cancerns related to compatibility of
uses, traffie, property values, ligl~t, air, da.~ager ~f fire, antl risk to public safety in the surrounding areas; and
NQW, THE~EFOItE, ~E IT RESQIIVED by the City Council af the City of Calumbia Heights after
reviewang the proposat, that the ~ity Co~u~cip ~ece~ts and adapts the follawing findii~gs cf the Planz~iilg
Commission:
l. The use is oi~e of the conditional uses listed for the zoning district uz which the property is located,
or is a substantially sunilar use as determined by the Zoning Administrator.
2. The use is in harmony with the generai purpose and intent of the Comprehensive Plan.
3. The use wili not inzpose hazards or distributing influences ~il ilei~hboring pro~erties.
4. The use will not substantially duninish the use of praperty in the immediate vicinity.
5. The use will be designed, constn.~cted, operat~d and ri~aintained in a mana~er t11at is compatible with
t1~e appearance o~tile existing or uatendeci character af the su~roundi~g ared.
6. The use and praperty upon which the use is located are adequately served by essential public
facilities and services.
7. 1~dequate measur~s ha.v~ bee~ c~r will be taken to minimize traffic cangestion c~n the publie streets
and to pr~vi~e for apprapriat~ ~n-spte c~~°c°ul~t;c~n of traff c,
8. The use will not cause a negative cumulative effect, when considered i~~ conjunctian wit~~ the
cumu~a~ive ~ff~ct af ather uses i~ tl~~ i~n~n~diate vicir~i~.
9. The use con~~alies v~ith a1I c~ther applicable reg~l~tio~s for the district ~~ wlhic~~ it is located.
Plannizlg & Zoning Cammission Minutes
Page 12
May 5, 2009
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information sha11 become
part of this permit and approval; and in granting this permit the city and the applicant agree that this permit
sha11 become null and void if the project has not been completed within one (1) calendar ~ear after the
approval date, subj ect to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. The dynamic LED signs may occupy no nzore than fifty percent (~D%) of the actual copy and
gf-aphic area. The remainder of the sign must not have the capahility to have dynamic LED signs,
even if not used. Only one, contiguous dynamic display area is allowed on a sign face.
2. The dynamic LED sign may not change or move more often than once every ten (10) minutes,
except one for which changes are necessary to correct hour-and-minute, date, or tenzperature
information.
3. A display of time, date or temperature infoa~mation naay change as frequently as once every ten (10)
seconc~s, liowever information displayec~ not relating ta the d'ate, time or temperature must not
change or move more often thcrn once every ten (10) minutes.
4. The images and messages displayed must be static, and the transition.from 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 or to any other sign.
5. The dynamic LED signs must be designed and equipped to freeze the device in one position if a
ma~unetion shcrll occur. The displays must also be equipped with a means to immedzately
a'iscontir~ue the displcr~ i; it rnalfunetions, and the sign owner must immedaately slop the dynarr~i~
displcry when notified by the eity that it is not complying with the standards of this ordinance.
7. The dynarrcic LED signs mcry not exceed a maximum illumination of 5, 000 nits (candelas per square
meter) during daylight hours and a maximurrc illumination of S00 nits (candelas per square meter)
between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED
signs must have an automatic dirnmer control to produce a distinct illumination change from a
highe~ illumination level to a lo~ver level, for the time period between one-half hour before sunset
anc~ arze hal~hoar~° after~ sunrise.
CASE Nl11VI1~ER: 2Q09-0504
~.P~'I.i~~iN'~': ~1~.'~ f3~ ~6ltiYiT~.;~~ ~~Y~~~~
LOCATION: K-Mart/Central Avenue TIF Dfstrict
REQUEST: Approval af Canformity with the Comprehensive Plan
Plazu~ing & Zoning Commission Minutes
Page 13
May 5, 2009
The Public Hearing to approve the expansion of the TIF District is set for May 1l, 2009. Prior to this
Public Hearing, Minnesota State Statutes and TIF law requires an approved Resalution from the P1aml.iilg
Commission ensurin; that the land use resultin~ fram the expansion of the TIF district conforms with the
City's Comprehensive Plan.
COMPREHENSNE PLAN
The Comprehensive Plan guides tlus area for Mediwn Density Residential, in wluch single-falnily homes
are permitted. The expansion of the TIF district would result in the creation of new single-family homes.
For this reason, the proposed expa.nsion wauld be cansistent with the City's Comprehensive Plan.
RECONIlVIENDATION
Staff recommends the Planning Commission approve Resolution 2009-PZ06.
Questions from members:
Peterson asked why two parcels are excluded on the lnap pravided. Sargent said they are part of a different
TIF District, and therefore, cannot be included in this one.
Schmitt asked several questions regarding the timeframe of the district and how the money was supposed to
be used when it was first established. Sargent told her to attend the Public Hearing on May 11, 2009, to get
specific details af the District from staff who are better equipped to answer these types af questions. He
pointed out that the timeframe is not being changed, by approvulg this modification. It is simply adding a
geographic area to the district sa that molues generated casl be used to buy up same of the properties in the
Sheffield area for de~i~olitioii, so in the future, ~c~nstruction of sirigl~ far~aily homes could l~app~n. Ai~y new
homes built ii1 the area woul~ ge~erate higher t~es because they would has~e higher values, and thus ~~~ould
contribute back to the tax base af the city. It is staff's hope that by revitalizing the S1~effield area, it will, in
iur~, revitalize the remainder of t~e deve~opment at the Kmart site.
Gary Peterson said that monies derived froln Phase 1 of the Kmart site redevelapment would generate
about $930,000 to be used 'u1 this area if the area of the District is modified.
Fiorendino asked whether the commercial properties along Central Avenue wouid be included. Sargent
said they u~ou3dil't be at t1~is tim~. Staff is lc~oking at ~uyizzg u~ residential pr~perties as they ~ecam~
available, and because the cast of comrnereiat property is higl7er, it is cost prohibitive to go after them. The
C~ty ~vants ta get as many praperties as possit~le with the maney available.
Thampson said as long as the zonin~ isn't changin~, and the tiznefra.me of the District isn't changing, he
supports expanding tke area of the district so that positive steps can be taken in that i~eighborhood.
~'~ab~ic I~~~rira~ (~~e~~d,
I'~aTC~ E`3d1~ ~~t'aS ~312S~S7~ ti7 S~)e~~G C3i~ ~~2aS.
Public Hearill~; Closed.
Plai~ling & Zoning Commission Minutes
Page 14
May 5, 2009
Motaon by Fiorendino, seconded by Thompson to waive the reading of Resolution 2009-PZ06 as there aYe
ample copaes available to the Public. All ayes. MOTIONPASSED.
Motion by Fiorendino, seconded by Thompson, that the Planning Commission approves Resolution 2009-
PZ06, fznding that a modification to the downtown Central Business Distrzct (CBD) Revitalization Plan for
the CBD Redevelopment Project, and a modification to the Tax Increment Financing plan for the K-
Mart/Central Avenue Tax Increment Financing District conforms to the general plans for the development
and redevelopment of the City. All Ayes. MOTION PASSED.
PLANNIlZTG COl~~~SSION
CTTY OF COLUMBIA HEIGHTS
~T~K~ ~:L~~','~1N~S~~'A
12ES~LUTI~N 8009-PZ06
RESOLUTION OF THE CITY OF COLUlYIBIA HEIGHTS PLANNING COMNIISSION
~INl?ING '~HAT A 1l~ODIFI~ATIOl~ T~ TI~ I}O~VN'~'OWN ~ENTRAL BUSIlVESS
DISTRICT (CSD) REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT
PROJECT AND A MODIFICATION TO THE TAX INCREMENT FINANCING PI..AN FOR
THE K-MART/CENTRAL AVENUE TAX INCREMENT FINANCING DISTRICT
CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND
REDEVELOPMENT OF THE CITY.
WFIEREAS, the City Cauncil for the City of Columbia Heights, Minnesota, (the "City"} has proposed to adopt a
1Vlodifieation to the Downto~~vn CBD Revitalization Plan for the CBI3 R.edevelopment 1'roject (the "Revitalization
Plan Modification") and a Modification to the Ta.x Increment Financing Plan for the K-MartlCentral Avenue Ta~~
Increment Financing District (the "TIF' Plan Modification") therefore (the Revitalization Plan Modification and the
TIF Plan Modification are referred to collectively herein as the "Modifications"} and has submitted the Modifications
to the City Planning Conunission (the "Commission") pursuant to Minnesota Statutes, Section 469.175, Subd. 3, and
W~~REAS, the Commission has reviewed the Modifications to determine their conformity with the general
plaa~s for the development and rede~relagaa~ea~t of #he C:ty as described ar~ the corr~grehensive pl~ for the City:
N~W, TIIEREFORE, BE IT RESOLVED hy the Conlxnission that the Mod~cations confonn to the general
plans for the development and redevelopment of the City as a whale.
Dated: May 5, 2409
~I~AIIL, Ie~larlaine Szcarek
A ~ TE~T:
SECRETAR`f, Shelley Hansan
Planning & Zoning Cainlnission Minutes
Page 15
May 5, 2009
1~iEi~V ~ti SINESS
Nane at this time.
OTHER BUSI_'rTESS
Schmitt asked about the outdoor storage at Frattaione's Ace Hardware. Sargent told members he had
already sent them a letter regarding this. He iilformed them that they will need to apply for a Conditionai
LTSe Perr.~ut far autdoor sales ai~d displays. If approved, the CLTP goes to the property so it is a pennanent
~ m~ • lt 7 1 .1., _~- aL„ +:...,.._ ,~~+1.,. (+ TTa „« 1,-..-....~
approvai. lnerefore, an~ resti-ictiuii5 wi~~ navc ~u ~c i~~auc a< «~c ~~~~~G ~~ ~~~~ ~L1 a~,~r~va~ Y~~~~ss.
Petersoi~ asked .~~l~y the time a~~~ te:nperat~re sig~a has been disc~n~in~e~ at tl~e NE B~?tik T~uildi~z~, H~ has
heard complaints from several people in tow~1. Sargent said that when the new Ordinance was passed, any
businesses having these types of signs were sent letters telling them they would have to comply w7th the
new regulations. About the same time, new owners purchased the building and decided they didn't want
the sign to be used a~7y langer. The ather two businesses have also taken action to camply. ~'inailcial
One's sign used to scroll messages and now just displays the time and temperature. Jeff, Bobby & Steve's
have shut dawn their sign far now.
The ineeting was adjoun~ed at 7:50 pm.
Respectfully submitted,
~~
~ ~~.~~~ ~ ~~;`~ ~`~
Shelley Hanson~~
Secretary