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HomeMy WebLinkAbout2014-03-04CITY OF COLUMBIA HEIGHTS 590 - 40 "' Avenae NE, Colwnbia neights, MN .5.5421 -3878 (763) 706 -3600 TDD (763) 706 -3692 Visit our ivebsite at: www cl �•nituuGin- beip7rts.nur.ns MEMBERS: Marlaine Szurek, Chair Rob Fioreadiao Chris Little Tracey Kinney Grace Lee PLANNING AND ZONING COMMISSION MEETING 7:00 PM TUESDAY, MARCH 4, 2014 CITY HALL COUNCIL CHAMBERS 590 -40TH AVENUE NE 1. Roll Call Minutes January 7, 2014 meeting 2. Public Hearings: Case #2014 -0301, Conditional Use Permit Immaculate Conception Catholic Church and School, Applicant 4030 Jackson St. NE Case #2014 -0302, Variance Approval Immaculate Conception Catholic Church and School, Applicant 4030 Jackson St. NE 3. New Business Zoning Code Text Amendment — Schools in Commercial Areas 4. Other Business 5. Adjourn The Responsibility of the Planning Commission is to: • Faithfully serve the public interest. • Represent existing and future residents, and base our decisions and reconunendations on the Comprehensive Plan and Zoning Ordinance. • Recognize the rights of citizens to participate in planning decisions. • Protect the natural environment and the heritage of the built environment. • Exercise fair, honest, and independent judgment. • Abstain from participation when they may directly or indirectly benefit from a planning decision. MINUTES OF PLANNING AND ZONING COMMISSION January 7, 2014 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Little, Fiorendino, Kinney, Lee and Szurek Also present were Joseph Hogeboom (Asst. Community Development Director), Shelley Hanson (Recording Secretary), Elizabeth Holmbeck (Intern), and Gary Peterson (Council Liaison). Motion by Fiorendino, seconded by Kinney, to approve the minutes from the meeting of December 3, 2013. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2014 -0101 APPLICANT: Basha Mediterranean Wood Grill LOCATION: 4920 Central Ave NE REQUEST: Site Plan Approval Maher and Ann Ismail, representing MAI Construction, are requesting to amend the approved Site Plan for the Basha Mediterranean Wood Grill restaurant, located at 4920 Central Ave. NE. The applicant had obtained Site Plan approval in March, 2013 for the construction of the restaurant. At the time, the applicant proposed to construct a 40 -seat outdoor patio on the south side of the building. The applicant now desires to enclose the patio, and utilize second floor space for a patio. As part of the new proposal, the general configuration of the site is consistent with the original Site Plan that was approved. However, due to the addition of enclosed space, a new Site Plan approval process is required. ZONING ORDINANCE The property located at 4920 Central Ave. NE is located in the General Business (GB) Zoning District. The properties to the west are located in the Duplex (R -213) Residential Zoning District and the properties to the north, south and west are located in the General Business (GB) Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Constructing a new restaurant is consistent with the City's Comprehensive Plan. P & Z Minutes Page 2 January 7, 2014 DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Highway District" standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central Avenue and 40`x' Avenue. The minimum standards were created by a task force of City Officials, business owners and residents, and adopted into the City Code by the City Council. As part of the initial Site Plan approval, the building had a second story added to the front of the building. This increased the building height to 33 feet, which is consistent with design guidelines. The addition also added different textures, awnings and ornamental features to the front and sides of the building that were consistent with design guidelines. Large brick faced pillars have been added to the front and sides as accents. The former blue color on the building has been replaced with stucco that has been painted with neutral browns. Signage will be addressed when the applicant applies for a Sign Permit. Signage must be consistent with Design Guidelines and with City Code. SITE PLAN 1. Parking City Code requires the number of parking stalls equal to 30% of the building capacity of the restaurant. In consultation with the City Attorney's office, "building capacity" is understood to be number of seats in a restaurant. In this case, the proposed restaurant will have 120 indoor seats, and 40 outdoor seats. Therefore the restaurant is required to have 48 striped parking spaces. According to the submitted site plan, 55 striped parking spaces are provided. 2. Access Currently, the site has access to Central Avenue, as well as to a service drive to the west. No changes to access have been proposed since the initial Site Plan approval in March, 2013. 3. Other Issues Because the new proposed patio is elevated and is visible to residential properties to the west, staff is recommending that it be screened on the west side. No seating will be offered in the interior space of the building's second level; however, a stairway and elevator access to the patio will be provided in the interior space. All applicable Building Code requirements must be met for this to take place. P & Z Minutes Page 3 January 7, 2014 FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a. The site plan conforms to all applicable requirements of this article. The site plan meets all applicable Design Guidelines for the property. The Zoning Code requirements are achieved. b. The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan guides this area as Commercial. Constructing a new restaurant is consistent with the intent of the Comprehensive Plan. 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-of-way. The proposed building meets all the minimum setback requirements and all Design Guideline requirements. Therefore, the properties in the immediate vicinity of the proposed development should not be adversely impacted. Staff recommends approval of the amended Site Plan now before the Commission. uestions from members Lee asked why sprinklers are being required now and not at the last Site Plan approval. Hogeboom told her it is because the space is being expanded, so it triggers the sprinkler requirement. The entire main floor and enclosed porch area will be sprinklered. Kinney wanted clarification that there will be 40 seats in the main floor porch area and 40 additional seats on the second story patio and whether the parking requirements are still met with the additional seating. Hogeboom said the requirements are met and he also noted that there will not be any additional indoor seating on the second level, only on the patio on the south side of the building. Little commented that it seemed that he went ahead and constructed the patio area prior to getting the Site Plan approval being sought at this meeting. P & Z Minutes Page 4 January 7, 2014 Szurek questioned whether there really is enough parking. She is concerned for the neighbors in the area as she feels the parking will be inadequate during Ramadan. She stated she understands it meets the Zoning Ordinance requirements and that the owner cannot control where people park, but she also realizes this is an issue with other businesses in the area and want the owner to be aware that there could be a problem. Hogeboom stated that staff is aware of this issue and that Police are monitoring and enforcing parking violations in a more rigorous manner. Fiorendino stated it meets the requirements and that we can't change the requirements based on "anticipated" problems. They agreed that it is something that will have to be dealt with if parking becomes an issue at certain times. Maher Ismail said he will make any accommodations necessary and stated that lie hopes it won't be an issue. He said customers don't usually stay long during Ramadan. They tend to come and eat and leave within an hour's time. Public Hearing Opened. No one was present to speak on this issue. Public hearing Closed. Motion by Fiorendino, seconded by Little, to waive the reading of Resolution No. 2014 -PZ01, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Fiorendino, seconded by Little, to adopt Resolution No. 2014 -PZ01, being a resolution approving a site plan, for an addition and outdoor eating area for the proposed Basha Mediterranean Wood Grill Restaurant, subject to the following conditions: 1. The parking stalls must meet the minimum width and length requirements of the Zoning Ordinance as well as the drive aisle width. 2. The second floor outdoor patio seating is limited to a total of a 40- seats. 3. The building shall be sprinkled, according to the requirements found in the Fire Code. 4. Screening of at least 80% opacity shall be installed on the west edge of the second floor patio. 5. The addition shall be consistent with the plans dated received August 26, 2013. P & Z Minutes Page 5 January 7, 2014 RESOLUTION NO.2014 -PZOI RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW RESTAURANT AT 4920 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case 42014 -0101) has been submitted by MAI Construction, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4920 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a new restaurant building located at 4920 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 7, 2014; 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. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The parking stalls must meet the minimum width and length requirements of the Zoning Ordinance as well as the drive aisle width. 2. The second floor outdoor patio seating is limited to a total of a 40- seats. P & Z Minutes Page 6 January 7, 2014 3. The building shall be sprinkled, according to the requirements found in the Fire Code. 4. Screening of at least 80% opacity shall be installed on the west edge of the second floor patio. 5. The addition shall be consistent with the plans dated received August 26, 2013. Passed this 7th day of January, 2014, Offered by: Fiorendino Seconded by: Little Roll Call: All ayes Secretary Shelley Hanson Chair 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. Maher Ismail Date Ann Ismail Date CASE NUMBER: 2014 -0102 APPLICANT: Antonio Vazquez Vidal 5932 4"' St. NE Fridley, MN 55432 DEVELOPMENT: Duleeria La Central, LLC. LOCATION: 4220 Central Avenue NE REQUEST: Conditional Use Permit for Retail Sales Antonio Vazquez Vidal, representing Dulceria La Central, LLC., is seeking a Conditional Use Permit to operate a candy store at 4220 Central Ave. NE. A candy store, which is considered "retail ", requires a Conditional Use Permit in the Limited Business District. P & Z Minutes Page 7 January 7, 2014 ZONING ORDINANCE The property located at 4220 Central Ave. NE is located in the Limited Business (LB) Zoning District. Adjacent properties to the north, south and east zoned General Business (GB) and Limited Business (LB), and properties to the east are zoned One and Two Family (R -2A) Residential. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Allowing a retail business to operate is consistent with the City's Comprehensive Plan. FINDINGS OF PACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Retail sales are specifically listed as a Conditional Use in the Limited Business (LB) Zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for Commercial use. The proposed use is commercial in nature. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not result in additional noise, odor or vibration and should not disrupt neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use ofproperty in the immediate vicinity will not be diminished by adding a small retail establishment. (e) 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. There will be no physical changes to the appearance of the existing building to accommodate the candy store. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. P & Z Minutes Page 8 January 7, 2014 (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The proposed candy store is not anticipated to create traf ,juc issues. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the innnediate vicinity. There is no anticipated negative cumulative effect associated with the addition of the candy store. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. Staff recommends approval of the proposed Conditional Use Permit for a retail establishment at 4220 Central Ave ND. Questions from Members: Little said this is a challenging site due to the small amount of parking area. Ile feels this type of business is a good use for the site. Fiorendino asked if the license applicant would be making changes to the building at all. The applicant said the Dept. of Agriculture is requiring a couple minor modifications (correct in bathroom and to the curbing or base of the exterior). Other than that, he will not be doing any further remodeling. Lee asked if this was the site that the Taco Wagon sits on. Antonio Vidal said, yes, that the Taco Wagon is his. He said he already rents a space in the building to store items in and that he decided he might as well use the space for something else also. Kinney asked if accommodations would be made so that customers of the food wagon would be allowed to eat inside. Hogeboom said that is not the intent. The Dept of Agriculture only allows the retail sale of pre- packaged candy and other similar items. It is to be used for strictly retail purposes. Public Hearing Opened. No one was present to speak on this matter. P & Z Minutes Page 9 January 7, 2014 Public Hearing Closed. Motion by Little, seconded by Kinney, that the Planning Commission recommends that the City Council approve the Conditional Use Permit for a retail establishment located at 4220 Central Avenue NE 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. The nature ofsales associated with this business shall be limited to prepackaged candy and complimentary items. 2. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. This item will go to the City council at the January 13, 2014 meeting. RESOLUTION NO. 2014- RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A RETAIL ESTABLISHMENT AT 4220 CENTRAL AVENUE NE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2014 -0102) has been submitted by City Staff to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4220 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (D), to allow a retail sales operation in the Limited Business (LB) Zoning District WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on January 7, 2014; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: P & Z Minutes Page 10 January 7, 2014 I. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACI -IED: 1. The nature of sales associated with this business shall be limited to prepackaged candy and complimentary items. 2. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. NEW BUSINESS Hogeboom told members that the City of Columbia Heights and the City of Fridley is holding a small business seminar on Saturday, January 25, 2014. It will be held at the Islamic Center in Fridley at 11 am and will last approximately 2 hours. The Twin Cities North Chamber of Commerce will also be assisting with this venture. Some of the items that will be discussed are as follows: *Zoning Ordinances and how they impact permitted use of a site *Licenses and permits that may be required in order to operate a particular business or to do remodeling to accommodate the needs of that business. *Information on how to obtain Legal Advice *Operating Capital /Funding Resources for a small business *Where to find assistance in setting up a business plan The meeting was adjourned at 7:40 pm. Respectfully submitted, Shelley Hanson Secretary CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2014 -0301 DATE: February 25, 2014 TO: Columbia Heights Planning Commission APPLICANT: Immaculate Conception Church LOCATION: 4030 Jackson Street REQUEST: Conditional Use Permit for LED Sign PREPARED BY: Elizabeth Holmbeck, Community Development Associate BACKGROUND At this time Immaculate Conception Church is requesting a Conditional Use Permit per Code Section 9.106 (10) (C) (1) to allow a dynamic LED sign in conjunction with a religious institution in the R -3 Zoning District. A dynamic LED sign would include any components of a sign that appear to have movement or that appear to change, caused by a method other than physically removing and replacing the sign or its components. This also includes any moving, flashing, blinking or animated display and any display that incorporates LED lights manipulated through digital input, "digital ink' or any other method or technology that allows the sign face to present a series of images or displays. The property located at 4030 Jackson Street NE is designated in the Comprehensive Plan for Religious Institutions and zoned R -3, Limited Multiple - Family Residential District as are the properties to the East and West. The properties to the South are zoned CBD, Central Business District and LB, Limited Business District. The properties to North are zoned R -2A, and R -4, Multifamily Residential. Dynamic LED signs are permitted in the R -3 Residential District as a Conditional Use in conjunction with a religious institution. Immaculate Conception Church is replacing the existing pylon sign with a new pylon sign which will have LED components on the lower portion. A rendering of the proposed sign, which includes dimensions, is attached. City of Columbia Heights Planning Commission March 4t", 2014 Immaculate Conception Church, Conditional Use Permit Case # 2014 -0301 DESIGN GUIDELINES According to the City's Design Guidelines, ground or monument signs are encouraged rather than pylon signs. Due to the fact that the sign currently on the property is a pylon sign and the surrounding zoning districts are Commercial and Multiple Family Residential, replacing the pylon sign with an LED pylon sign is compatible, and will not change the overall character of the area. FINDINGS OF FACT (Conditional Use Permit) Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Dynamic LED signs are specifically listed as a Conditional Use in the R -3, Multifamily District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for Religious Institutions (C) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not result any additional noise and should not disrupt neighboring properties. (d)The use will not substantially diminish the use of the property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by the placement of an LED sign at 4030 Jackson Street NE. (e) 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. Page 2 City of Columbia Heights Planning Commission March 0', 2014 Immaculate Conception Church, Conditional Use Permit Case # 2014 -0301 The applicant will have to abide by specific development standards as they relate to LED signs. These standards 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 to provide for appropriate on -site circulation of traffic. The use of a dynamic LED sign at this location will not affect traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. By subjecting the use of a Dynamic LED sign to specific development 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 districts in which it is located. This is correct. RECOMMENDATION Staff recommends approval of the proposed Conditional Use Permit for a dynamic LED sign for Immaculate Conception Church, located at 4030 Jackson Street NE. Motion: The Planning Commission recommends that the City Council approve the Resolution NO. 2014 -13 for a Conditional Use Permit for a proposed dynamic LED sign for Immaculate Conception Church located at 4030 Jackson Street NE., 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: The dynamic LED signs may occupy no more than sixty percent (60 %) 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 images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Page 3 City of Columbia Heights Planning Commission March 4"', 2014 Immaculate Conception Church, Conditional Use Permit Case # 2014 -0301 Motion, animation and video images are prohibited on dynamic LED sign displays. 3. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, 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. 4. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 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 dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. ATTACHMENTS a Draft RESOLUTION NO. 2014 -13 Y Pictures • Location Map Page 4 RESOLUTION NO. 2014-14 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR IMMACULATE CONCEPTION CHURCH WHEREAS, a proposal (Case #2014 -14) has been submitted by Immaculate Conception Church to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4030 Jackson Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 1) Waiver to Section 9.106 (P) (8) (1)- allowing a pylon LED sign verses a monument LED sign. 2) Waiver to Section 9.106 (P) (8) (2)- allowing the LED sign to change or move more often than one every ten seconds. 3) Waiver to Section 9.106 (P) (9) (b) (1)- allowing the height of the sign to exceed eight feet. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on March 01' 2014. 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, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 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. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. Resolution No. 2014 -14 4. 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 variance. Passed this 01 day of March, 2014 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Tori Leonhardt City Clerk '"4'�k i �,:. '.��` +� w'. ii aµ 4 V 1 ,� � �,�,s ,�,�� I 1 N a ni C r CD Immaculate Conception Church & School 195' - From Building to Sign Jackson St. - 19' - From Sign to Fence / 13' From Fence to Curb 40th - 15' - From Sign to Fence / 14' From Fence to Curb CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2014 -0302 DATE: February 25, 2014 TO: Columbia Heights Planning Commission APPLICANT: Immaculate Conception Church LOCATION: 4030 Jackson Street REQUEST: Variance for LED Sign PREPARED BY: Elizabeth Holmbeck, Community Development Associate INTRODUCTION At this time Immaculate Conception Church is requesting three variances for a proposed LED sign at 4030 Jackson Street NE. 1) Waiver to Section 9.106 (P) (8) (1)- allowing a pylon LED sign versus a monument LED sign. 2) Waiver to Section 9.106 (P) (8) (2)- allowing the LED sign to change or move more often than once every ten minutes. 3) Waiver to Section 9.106 (P) (9) (b) (1)- allowing the height of the sign to exceed eight feet. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for Religious Institutions. Being that Immaculate Conception is a religious institution, the variance requests are consistent with the types of uses guided for this area. ZONING ORDINANCE The property located at 4030 Jackson Street NE is zoned R -3, Limited Multiple - Family Residential District as are the properties to the East and West. The properties to the South are zoned CBD, Central Business district and LB, Limited Business District. The properties to North are zoned R -2A, and R -4, Multifamily Residential. Dynamic LED signs are permitted in the R -3 Residential District as a Conditional Use in conjunction with a religious institution. Immaculate Conception Church is replacing the existing pylon sign with a new pylon sign which will have LED components on the lower portion. City of Columbia Heights Planning Commission March 4th, 2014 Immaculate Conception Church, Conditional Use Permit Case # 2014 -0302 DESIGN GUIDELINES According to the City's Design Guidelines, ground or monument signs are encouraged rather than pylon signs. Due to the fact that the sign currently on the property is a pylon sign and the surrounding zoning districts are Commercial and Multiple Family Residential, replacing the pylon sign with an LED pylon sign that will change or move more than once every ten minutes, and exceed eight feet, is permissible as the overall character of the area will not change. FINDINGS OF FACT (Variances) Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant Variances. They are as follows: 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 existing pylon sign has stood for many years. Changing to a monument sign would require removing the eight foot pylon sign, its supporting base and all the electrical. Additionally, the parking lot would have to be excavated to replace the existing underground electrical service located 100 feet away. b) The conditions upon which the variances are based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. A monument sign would not be as visible as the pylon sign due to the height of the fence and boulevard trees along 40th Avenue. Removal of the fence is not an option. It not only borders the existing parking lot but also protects the students that play there during school hours. 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 difficulty arises from the location of the sign along 40th Avenue and visibility issues associated with it. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan designates this area for Religious Institutions. Being that Immaculate Conception is a religious institution, the variance requests are consistent Page 2 City of Columbia Heights Planning Commission March 4t", 2014 Immaculate Conception Church, Conditional Use Permit Case # 2014 -0302 with the types of uses guided 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. This is correct. RECOMMENDATION Staff recommends approval of the proposed Variances for a dynamic LED sign for Immaculate Conception Church, located at 4030 Jackson Street NE. Motion: The Planning Commission recommends that the City Council approve the Resolution No. 2014 -14 approving Variances for a dynamic LED sign for Immaculate Conception Church located at 4030 Jackson Street NE., 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) Waiver to Section 9.106 (P) (8) (1)- allowing a pylon LED sign versus a monument LED sign. 2) Waiver to Section 9.106 (P) (8) (2)- allowing the LED sign to change or move more often than once every ten minutes. 3) Waiver to Section 9.106 (P) (9) (b) (1)- allowing the height of the sign to exceed eight feet. ATTACHMENTS • Draft RESOLUTION NO. 2014 -14 • Applicant's narrative • Graphic of proposed sign Page 3 RESOLUTION NO. 2014-14 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR IMMACULATE CONCEPTION CHURCH WHEREAS, a proposal (Case #2014 -14) has been submitted by Immaculate Conception Church to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4030 Jackson Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 1) Waiver to Section 9.106 (P) (8) (1)- allowing a pylon LED sign verses a monument LED sign. Waiver to Section 9.106 (P) (8) (2)- allowing the LED sign to change or move more often than one every ten seconds. 3) Waiver to Section 9.106 (P) (9) (b) (1)- allowing the height of the sign to exceed eight feet. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on March 4 °i, 2014. 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 Plamring Commission: 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 practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 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 practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. Resolution No. 2014 -13 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 variance. Passed this 4 °i day of March, 2014 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Tori Leonhardt City Clerk ri , COMMUNITY DEVELOPMENT DEPARTMENT DATE: February 27, 2014 TO: Planning and Zoning Commission FROM: Joe Hogeboom, Assistant Community Development Director RE: Zoning Code Text Amendment Introduction The Community Development Department has recently received a number of inquiries regarding the possibility of locating charter schools within the City's Commercial Zoning Districts. A charter school is, by statutory definition, a public school and part of the state's public school system. However, unlike traditional public schools, charter schools operate under the oversight of a qualified nonprofit corporation rather than a traditional school board. A charter school receives state funding as if it were its own school district; however it cannot levy taxes or issue bonds and cannot use state money to purchase land or buildings. City Code does not specifically address charter schools. Rather, it organizes schools into the following categories: • School, public or private, K -12 • School, vocational or business • School, performing /visual /martial arts By default, a charter school would be considered a "public or private, K -12" entity in Columbia Heights. Public and private K -12 schools are only permitted in the Limited Business District (LBD). Charter schools are not permitted in the Central Business District (CBD) or the General Business District (GBD). Certain properties within the CBD and the GBD may be appropriate locations for charter schools or other types of educational institutions, assuming that appropriate land use and zoning controls are implemented. City Code authorizes the City Council to initiate a zoning code text amendment process that would consider possible changes to the way in which educational institutions are defined and where the facilities are permitted to be located. At their February 24 meeting, the City Council initiated the zoning code text amendment process, and directed the Planning and Zoning Commission to review possible changes to City Code to enhance the definition of schools and educational institutions. Process To initiate the review of the current zoning ordinance, staff advises that the Planning and Zoning Commission consider the following questions: 1. Based on the Planning and Zoning Commission's understanding of charter schools and how they function, does the Planning and Zoning Commission consider the use compatible with commercial businesses? 2. When you are out in the community, do you witness any issues or conflicts that are created due to schools that are located adjacent to commercial or business uses? 3. Have you heard about any complaints regarding issues generated by non - traditional schools in the community? 4. What ideal uses would you like to see located in notable vacant commercial areas, such as the former Rainbow Foods building and the Northeast Office Center? 5. If schools are allowed in commercial areas, should they be allowed as permitted uses or conditional uses? If they are allowed as conditional uses, what types of conditions should be established? Next Steps Staff would like to begin the discussion of school placement at the March Planning and Zoning Commission meeting and, based on the discussion, bring back any possible recommended text changes to the April Planning and Zoning Commission meeting. Following Planning and Zoning Commission recommendation, the City Council would consider any possible zoning text changes. Prior to the April Planning and Zoning Commission meeting, staff will also touch base with the Columbia Heights School District to see if there is an interest in participating in this process. Attachments 1. Map of Licensed Charter Schools in the Twin Cities Metropolitan Area (1 page) 2. Map of Licensed Charter Schools in the City of Minneapolis (1 page)