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HomeMy WebLinkAbout03/10/2014 Regular MeetingCITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 590 401" Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmembers Visit our website at. www.ci.columbia- heirhts.mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, March 10, 2014 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia eights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only) 1. CALL TO ORDER 2. APPOINT SECRETARY PRO TEM MOTION: Move to appoint Carole Blowers as Secretary Pro Tem. 3. ROLL CALL 4. INVOCATION 5. PLEDGE OF ALLEGIANCE 6. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 7. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Accept Columbia Heights Athletic Boosters donation to the Recreation Department 8. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve City Council minutes of February 24, 2014 p. 4 MOTION: Move to approve City Council meeting minutes of February 24, 2014. B. Accept Board and Commission Meeting Minutes p • 9 MOTION: Move to accept the Planning and Zoning Commission meeting minutes of March 4, 2014. C. Approve Business License Applications p. 22 MOTION: Move to approve the items as listed on the business license agenda for March 10, 2014 as presented. 2 City Council Agenda Monday, March 10, 2014 Page 2 of 2 D. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council p. 24 has received the list of claims paid covering check number 151249 through 151544 in the amount of $299,793.55. MOTION: Move to approve the Consent Agenda items. 9. PUBLIC HEARINGS Approve Conditional Use Permit for LED Sign at Immaculate Conception Church and School at p.31 4030 Jackson St NE. MOTION: Move to close the public hearing and waive the reading of Resolution 2014 -13, there being ample copies available to the public. MOTION: Move to adopt Resolution 2014 -13, being a resolution for a Conditional Use Permit for a proposed Dynamic LED Sign for Immaculate Conception Church and school 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. Approve Variances for LED Sign at Immaculate Conception Church and School at 4030 Jackson p • 4 3 St NE MOTION: Move to close the public hearing and waive the reading of Resolution 2014 -14, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2014 -14, being a Resolution approving Variances for a dynamic LED sign for Immaculate Conception Church and School 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. 10. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 11. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 12. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 13. ADJOURNMENT Walter R. Fehst, City Manager /cjb 3 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, FEBRUARY 24, 2014 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY, FEBRUARY 24, 2014 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA. 1. CALL TO ORDER/ROLL CALLANVOCATION Mayor Peterson called the meeting to order at 7:06 PM. Members Present: Mayor Peterson, Councilmember Williams, Councilmember Schmitt, and Councilmember Nawrocki. Members Absent: Councilmember Diehm Staff Present: City Manager Walt Fehst, Community Development Director Scott Clark, City Attorney Jim Hoeft, and City Clerk/Council Secretary Tori Leonhardt. Rev. Bob Lyndes of Crest View Lutheran Homes gave the invocation. 2. PLEDGE OF ALLEGIANCE Recited 3. ADDITIONS/DELETIONS TO MEETING AGENDA City Manager Fehst reported he wanted to recognize our Public Works Department for doing such a remarkable job on our city streets. He realizes that there is still some work that needs to be completed on some of the alleys (which are being worked on) but wanted to thank everyone who had gone out and plowed, indicating they really did a wonderful job. Nawrocki stated he agreed with Fehst on the excellent job city staff has done on plowing the roads. He asked if public works was continuing to put down salt on the roads. Fehst indicated that the Public Works Supervisor goes out every day and does an assessment of which intersections still require salt. They have been putting down between 12 — 14 tons of salt each time they go out and then go back to make sure adequate amounts are in areas such as intersections that tend to be more slippery. Fehst indicated that the city purchases their salt from the state and the state has run out, causing the city to purchase approximately 30 tons of salt from other vendors. Fehst asked that a discussion on problems resulting from frozen water lines be added to the end of the agenda. 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS — There were none. 5. CONSENT AGENDA Councilmember Nawrocki asked that items A and F be removed from the consent agenda for further discussion. City Council Meeting Minutes Monday, February 24, 2014 Page 1 of 5 4 Councilmember Schmitt asked that item C be removed for further discussion. City Manager Fehst took the council through the remaining items on the agenda. A. Approve City Council Meeting Minutes of February 10, 2014 - Removed B. Accept Boards and Commission Meeting Minutes MOTION: Move to accept the Library Board Meeting Minutes of January 8, 2014. C. Appoint Public Art Commission Members - Removed D. Approval of attached list of rental housingLpplications MOTION: Move to approve the items listed for rental housing license applications for February 24, 2014 in that they have met the requirements of the Property Maintenance Code. E. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for February 24, 2014 as presented. F. Payment of Bills - Removed MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 151249 through 151406 in the amount of $ 874,332.63. Motion by Nawrocki, seconded by Schmitt, to approve the Consent Agenda items with the exception of items A, C, and F, that were removed for further discussion. Upon Vote: All ayes. Motion Carried. Items Removed for Discussion: Item A: Approve City Council Meeting Minutes of February 10, 2014 Councilmember Nawrocki stated on page 2 of the minutes from February 10, 2014 it lists the address incorrectly under "Discussion on Business located at 332 Central Avenue N.E. — Urban Shesha ". The correct address should be 332 40th Avenue N.E. Motion by Nawrocki, seconded by Williams to Approve City Council Meeting Minutes of February 10, 2014. Upon Vote: All ayes. Motion Carried. Item C: Appoint Public Art Commission Members: Schmitt requested to make the appointments by two separate motions. Motion by Schmitt, seconded by Nawrocki to approve the Mayor's appointment of Gretchen Nelson to the Public Arts Commission. Upon Vote: All ayes. Motion Carried Motion by Williams, seconded by Schmitt, to approve the Mayor's appointment of Keith Roberts to the Public Arts Commission. Schmitt stated her concern was Roberts is too busy and would recommend that he be a liaison to the City Council Meeting Minutes Monday, February 24, 2014 Page 2 of 5 5 commission at this time. Mayor Peterson stated Roberts coaches on Monday evenings and that is why he could not be here tonight. Peterson expressed Roberts extreme interest in the Arts Commission. Upon Vote: Ayes: Williams, Nawrocki, Peterson Nays: Schmitt. Motion Carried. Item F: Payment of Bills Councilmember Nawrocki stated in the list of claims paid, the item that was paid to Advance Companies of MN, indicates it was for an abatement to 4820 Central and should be for 4811 Central Avenue. Motion by Nawrocki, seconded by Williams, that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 151249 through 151406 in the amount of $ 874,332.63. Upon Vote: All ayes. Motion Carried. 6. PUBLIC HEARINGS -None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions — None to report B. Bid Considerations - None to report C. New Business and Reports Zoning Code Text Amendment Community Development Director, Scott Clark informed the council that he has received a number of inquiries about charter schools in Columbia Heights. Last week staff met with the Mayor, and representatives from a charter school that is interested in locating within the city. Clark stated the definition of schools has radically changed, especially over the last 10 years. We would like to see if any of these would fit within a business area. We felt it would be appropriate to come to you for direction to study the definition of schools. Nawrocki stated we have the one in the shopping center between 406 and 41St and when the buses come, they give the businesses trouble when they are getting kids in and out. Parking is always a 16160110ji" Fehst indicated the Global Academy approached the city, and they already have people interested in attending here in Columbia Heights. There are a lot of different issues, one in particular is whether it is appropriate to have schools in a common area or not. Clark feels we need to look at it from the school part of it, and should it remain in a limited business district, should it go to conditional use, and should we have development standards? There are a number of issues that we need to look at it. Peterson stated that a number of the students would come from our own community. Schmitt stated City Council Meeting Minutes Monday, February 24, 2014 Page 3 of 5 she likes the idea of a conditional use permit being required. Clark stated from a staff's standpoint, we are saying let's put this on the table for discussion and decide if we need to amend our zoning code. Motion by Schmitt, seconded by Williams, to initiate a zoning code text amendment process and direct the Planning and Zoning Commission to study and make a recommendation to the City Council regarding whether or not the definition of schools and educational institutions should be broadened in definition and scope, and determine the same as to whether or not schools should be a permitted and /or conditional use in the Central Business District and the General Business District. Upon Vote: Ayes: Schmitt, Williams, Peterson. Nays: Nawrocki. Motion Carried. 8. ADMINISTRATIVE REPORTS Report of the City Manager – The City mailed out a letter to property owners, residents, and business owners in the city regarding frozen water services lines. Property owners are responsible for the water service line from the meter in the house to the main out in the street. Approximately 25 water service lines have frozen in the city. The frost is down seven to eight feet in his neighborhood. Thawing frozen service lines and plumbing can be costly to property owners. Residents should check the water closest to the meter, use a thermometer and if it is under 40 degrees, the frost is getting near to your line. It is recommended that you turn on your water on at least the width of a pencil. This may be for a month or longer. This may cost you around $40 - $60 to do this. But this outweighs the cost of a frozen water line if that happens. It is important to let people know they can try and prevent this freeze from happening by leaving your water running. Mayor Peterson stated he has received several emails around all of Minnesota regarding the same thing. He has received them from Moose Lake, Little Falls, and Wadena. Nawrocki asked if these lines that have frozen up have been in the public right of way. Fehst stated it has been on the other side of the street, between the stop box and the main. Nawrocki asked who is responsible if it is in the street portion? Fehst stated that the private property owner is responsible from the property to the main. Nawrocki expressed his concern having the meeting on the first Monday in February. He stated there is an information meeting on the concrete alley this Thursday at 6:30PM. Nawrocki asked who is going to Washington. Fehst, Mayor, Clark, and Hogeboom are planning to go. Nawrocki felt that one staff person is appropriate. Regarding the cost of remodeling the Community Development Department — what were the city labor costs and where was the work shown in budget? He also asked for attendance at library for the past two years. Fehst announced that tomorrow from 3 -6 PM at the Heights Theatre they are having a special remembrance celebration for Kerry Ashmore. Fehst also reported that staff is conducting the first interviews for the Community Development Director position. Schmitt attended the MN Scholastic Art Awards on Saturday and was very impressed with the CH City Council Meeting Minutes Monday, February 24, 2014 Page 4 of 5 7 students. She complimented the job that Diane Scully did as part of the organizational committee. Report of the City Attorney — nothing to report at this time. 9. CITIZENS FORUM Malcolm Watson invited everyone to attend the Irish celebration on March 17t" at 7565 Old Central with music and a sing- a- long starting at noon. Watson told the story about the bombing of Hiroshima and what he experienced. Harold Hoium indicated the steps and deck of the bridge over Central are full of ice and needs to have some salt put on them. He also asked if the building on 40t" and University if they were going to continue to build it or is the city going to tear it down. Peterson responded by saying our crews are doing the best they can, adding it has been a terrible year for ice and snow. 10. ADJOURNMENT Mayor Peterson asked that we keep our service men and woman in our thoughts and prayers and do a random act of kindness. Peterson adjourned the meeting at 7:47 PM. City Council Meeting Minutes Monday, February 24, 2014 Page 5 of 5 0 DRAFT MINUTES OF PLANNING AND ZONING COMMISSION March 4, 2014 7:00 PM The meeting was called to order at 7:00 pm by Vice Chair Rob Fiorendino. Commission Members present- Little, Fiorendino, Kinney, and Lee Members absent: Szurek Also present were Joseph Hogeboom (Asst. Community Development Director), Shelley Hanson (Recording Secretary), Elizabeth Holmbeck (Intern), and Gary Peterson (Council Liaison). Motion by Kinney, seconded by Little, to approve the minutes from the meeting of January 7, 2014. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2014 -0301 APPLICANT: Immaculate Conception Church LOCATION: 4030 Jackson St NE REQUEST: Conditional Use Permit Holmbeck told members that since both of the cases are regarding the same property, she is presenting the information for both of them at the same time. She explained that 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, was enclosed in the agenda packets. 9 P & Z Minutes Page 2 March 4, 2014 DESIGN GUIDELINES According to the City's Design Guidelines, ground or monument signs are encouraged rather than pylon signs. However, Holmbeck explained that 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 ofproperty 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. 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. 10 P & Z Minutes Page 3 March 4, 2014 (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. Staff recommends approval of the proposed Conditional Use Permit and the Variance Request for a dynamic LED sign for Immaculate Conception Church, located at 4030 Jackson Street NE. Questions from members: Lee asked if the height of the sign would be the same as the existing. Steve Smith, 3813 Lincoln Street, who is a representative and trustee of the church, stated that the sign would be 5 inches taller than the present one, but the sign itself will be 3 square feet smaller than the existing one. Fiorendino asked if there is a reason it will be 5 inches higher. Smith stated it is due to the size difference and how it would be mounted on the pylon post. Kinney asked why they are changing from their present sign to a LED styled one. Smith told members that the current sign must be changed manually for each event going on at the church or school. The sign has deteriorated due to age, and the letters are breaking or they freeze to the sign during the winter months. The current style is not good for use during the winter and is hazardous to the person who must change it out. Little said he doesn't see much impact to the area. He has no problem with granting the CUP for this sign as City Hall and Sarna's already have signs in place that would be a similar concept. Public Hearing Opened. No one was present to speak on this matter. Public Hearing Closed. 11 P & Z Minutes Page 4 March 4, 2014 Motion by Kinney, seconded by Little, that the Planning Commission recommends 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: 1. 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. 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. All ayes. MOTIONPASSED. The following Resolution will go before the City Council on March 10, 2014. RESOLUTION NO. 2014-13 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR IMMACULATE CONCEPTION CHURCH WHEREAS, a proposal (Case # 2014 -13) has been submitted by Immaculate Conception Church to the City Council requesting a CONDITIONAL Use Permit 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: Immaculate conception Church is requesting a Conditional Use Permit per Code Section 9.106 (10) 9C) (1) to allow a dynamic LED sign in conjunction with a religious institution in the R -3 zoning District. 12 P & Z Minutes Page 5 March 4, 2014 WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on March 4`"° 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: 1. 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 Conditional Use Permit 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. 4. The granting of the Conditional Use Permit is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the conditional Use Permit 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. 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. 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. 13 P & Z Minutes Page 6 March 4, 2014 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. CASE NUMBER: 2014 -0302 APPLICANT: Immaculate Conception Church LOCATION: 4030 Jackson St NE REQUEST: Variance Holmbeck had previously reviewed Immaculate Conception Church's request of 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. 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. 14 P & Z Minutes Page 7 March 4, 2014 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 40`h 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 40` 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 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. As stated above, staff recommends approval of the proposed Variances for a dynamic LED sign for Immaculate Conception Church, located at 4030 Jackson Street NE. 15 P & Z Minutes Page 8 March 4, 2014 Questions by Members: Little asked why the sign had to change more often than the 10 minute interval required by the Ordinance. Little stated that he understands the 10 minute interval could be too long but was concerned that messages flashing every 10 seconds may be too much. He asked why all the information for each event couldn't be placed on one screen and held in place. Smith explained that one screen would announce the event, one would display the date, and possibly another would display the time or other information. Smith said they want to have fewer words on each display screen with larger font. Church personnel felt it would be less distracting to drivers that way. And to flash these joint messages in a shorter time frame would get the whole message to those driving by. Since there is a stop sign at this intersection, drivers would then be able to see all the information in an easier manner than having to focus in on too much information in smaller print. Fiorendino asked if there really is a hardship. Hogeboom said that staff and the Commission will be looking at the sign code in the near future per the City Council's request. He suggested the terminology more appropriate to use would be "practical difficulty" rather than "hardship ". Hogeboom said staff looked at the Design Guidelines and then considered the purpose of the sign, and the location of the sign, when making their recommendation. Staff felt the Church would be easier to work with if there becomes an issue or complaints are received. Lee acknowledged that vehicles don't go fast in that area, so she is not concerned with it being a traffic hazard. Kinney asked if they had considered wrapping the pylon post with brick to make it more appear more like a monument sign. Smith said they had not considered doing that because of cost. Fiorendino said he didn't have a problem with the request in this case, but hesitated to approve as it would set precedence. Little said he is ok with their request if the Church is willing to change the timing, brightness, etc if any of these issues become an issue. Smith stated they would agree to that and work with city staff if the need arises. Public Hearing Opened. No one was present to speak on this matter. Public Hearing Closed. 16 P & Z Minutes Page 9 March 4, 2014 The following Resolution will go before the City Council on March 10, 2014. Motion by Little, seconded by Lee, that 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. Ayes- Little, Fiorendino, and Lee Nay- Kinney. MOTIONPASSED. The following Resolution will go to the City Council March 10, 2014. 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. 21 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"' 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: 17 P & Z Minutes Page 10 March 4, 2014 1. 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. 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. NEW BUSINESS Hogeboom explained to the members that 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. Hogeboom said that the current Charter School, Global Academy, has a waiting list of 1,000. The new one which would be a "sister school" to Global Academy is looking at two sites where they presently are not allowed. The new school would begin as a K -3 and add grade levels each year until they reach a K -8 status. They are looking at using 2 -3 floors in the NE Business Center or the vacant Rainbow Foods space. 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 18 P & Z Minutes Page 11 March 4, 2014 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. 19 P & Z Minutes Page 12 March 4, 2014 Holmbeck passed out information from surrounding communities on which Zoning Districts they allow schools to be in. Many of them only allowed schools in Residential Districts or a Public Institution/Facilities District. The rest allowed them in various districts but only with a CUP, especially if in a business district. 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. Discussion by Members: There was a discussion regarding the categories of "schools ". The general consensus was that schools for performing/visual /martial arts should be allowed in commercial zoning districts. These are most often found in retail centers and they want the exposure that setting has to offer. These are usually extra - curricular classes such as dancing, acting, karate, art studios, etc. that operate primarily in the evenings or weekends. The Board had no problem with allowing that use in a commercial district. When it came to the classification of K -12 schools (Public and Charter), Little said the biggest problem he could see, is they need parking and room for busses to come and go without disrupting other traffic in the area. It would be difficult to find the right spot in the commercial district along Central Avenue because so many of these properties have small sites or they would obstruct normal traffic. The other issue would be lack of outside play area or gym area. It was noted that charter schools are not held to the same requirements as Public schools for physical education or outdoor space. The members still were concerned with this since K -3 would require some place for them to have recess time. Lee thought that bussing and traffic would be an issue at the NE Business Center site. More comments as each question was discussed: In response to question #I -Is it compatible with Commercial businesses: Little and Fiorendino thought they could possibly be compatible on a case by case basis. Little thought an office setting is probably a better place than a retail center. Kinney stated certain sites may be acceptable if all issues could be addressed satisfactorily such as noise, playground or outdoor space, parking for staff, and traffic issues which allow for busses and parents to drop off and pick up students safely. In response to question #2 -Have you seen any conflicts when schools are located adjacent to commercial business: Busses and traffic are the biggest issues for neighboring businesses. In response to question #3 -Have you heard comments regarding non- traditional schools in the community: No one has heard anything negative thus far. 20 P & Z Minutes Page 13 March 4, 2014 In response to question #4 -What ideal uses would you like for those sites: All the members would like to see another grocery store in the Rainbow space or some other type of needed retail. They also would like to see the Office Building utilized in some capacity. The general feeling was it is better to have these building used in some capacity than to be left empty. In response to question #5 -If allowed in commercial zoning districts, should they be permitted uses or conditional uses. The Board felt, if permitted, they should require a Conditional Use Permit, so each case could be decided individually and there could be some control over any issues the site would have. Hogeboom also asked members if they felt current business owners or tenants may have a problem with a school being located next to them. Fiorendino responded that it would probably vary depending on what the existing business is. Hogeboom said he would try to gather some information on the impact they have on businesses based on prior sites they have located at. Gary Peterson said the City Council is probably receptive to the idea of allowing them in commercial zoning districts if a CUP is obtained. That way there is some control to make sure they aren't disruptive to the area they wish to locate in. Hogeboom told members by next month he will talk to school district staff and seek input from business owners and based on the information gathered, he will bring back language to the Board for consideration. Based on the feedback he gets, a recommendation will be forwarded to the City Council for their consideration on how to amend the Zoning Ordinance. OTHER NEW BUSINESS Hogeboom told members that staff has contacted the broker for the Hyvee Grocery Store chain inviting them to consider putting one of their stores in our City and to let them know the vacant Rainbow space is available, as well as other buildable sites that would meet their needs. According to the broker they are focusing on 3 pilot sites to be located in New Hope, Maple Grove, and Eagan. Staff will continue to pursue meeting with their representative if possible. The meeting was adjourned at 7:53 pm. Respectfully submitted, Shelley Hanson Secretary 21 CITY COUNCIL LETTER Meeting of. March 10, 2014 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: March 5, 2014 BY: BACKGROUND /ANALYSIS Attached is the business license agenda for the March 10, 2014 Council meeting. This agenda consists of applications for contractor licenses for 2014. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for March 10, 2014 as presented. COUNCIL ACTION: 22 TO CITY COUNCIL March 10, 2014 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2014 BLDG *Absolute Mechanical Liberty Comfort Systems GR Danielson & Sons *The Bainey Group *R.E.C. Inc. Sabastian & Sons PI *White Eagle Plumbing *Alta Htg & Plumb Randy Ln & Sons PI & Htg Bendtsen Mechanical Asplundh Tree *MN Tree Experts 7338 Ohms Ln, Edina $60 627 East River Rd, Anoka $60 1551 164th Ln NE, Ham Lake $60 14700 28th Ave N, Plymouth $60 7500 W 78th St, Edina $60 7245 Brunswick Ave, Brk Pk $60 45912 %2 St, Fridley $60 19260 Mushtown Rd, Prior Lk $60 1501 W Broadway, Mpls $60 8775 Fairhill Ln, Monticello $60 4501 103rd Crt, Cir Pines $60 7527 Oliver Ave N, Brk Pk $60 23 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: March 10, 2014 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 151249 through 151544 in the amount of $ 299,793.55. 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March 10, 2014 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Approve Conditional Use Permit for BY: Elizabeth Holmbeck BY: LED Sign at Immaculate Conception Church and DATE: March 5, 2014 School- 4030 Jackson Street NE BACKGROUND: At this time Immaculate Conception Church and School is seeking a Conditional Use Permit (CUP) to allow a dynamic Light Emitting Diode (LED) sign at 4030 Jackson Street NE. The proposed LED sign requires a CUP in the R -3 Limited Multiple Family Residential Zoning District. A dynamic LED sign in conjunction with a religious institution is consistent with the Comprehensive Plan. The applicant wishes to modify the existing pylon sign to a LED Pylon sign. The proposed changes would result in an additional five inches of height to the sign. Immaculate Conception Church and School will operate as usual and the proposed LED pylon sign will not change the purpose of the sign but will change the way the message is displayed. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing on March 4th, 2014 and recommended approval with a unanimous vote with four conditions listed in the staff report. 1. 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. 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. 31 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of March 10, 2014 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Approve Conditional Use Permit for BY: Elizabeth Holmbeck BY: LED Sign at Immaculate Conception Church and DATE: March 5, 2014 School- 4030 Jackson Street NE Page 2 RECOMMENDED MOTION: MOTION: Move to close the public hearing and waive the reading of Resolution 2014 -13, there being ample copies available to the public. MOTION: Move to adopt Resolution 2014 -13, being a resolution for a Conditional Use Permit for a proposed Dynamic LED Sign for Immaculate Conception Church and School 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. Attachments: Resolution 2014 -13, Planning Report Pictures of Existing Sign Location Map Graphic of Proposed Sign COUNCIL ACTION: 32 RESOLUTION NO. 2014 -13 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN LED SIGN AT IMMACULATE CONCEPTION CHURCH AND SCHOOL — 4030 JACKSON ST. NE. WHEREAS, a proposal (Case # 2014 -13) has been submitted by Immaculate Conception Church and School to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4030 Jackson Street 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 dynamic LED sign to be located in the R -3 Limited Multiple Family Residential Zoning District. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on March 4h, 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: 1. 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. 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. 33 Resolution No. 2014 -13 Paize 2 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 ATTACHED: 1. 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. 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. 34 Resolution No. 2014 -13 Passed this 10"' day of March, 2014 Offered by: Seconded by: Roll Call: Ayes: Nays: Attest: Carole J. Blowers Secretary Pro Tern 35 Mayor Gary L. Peterson P CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2014 -0301 DATE: February 25, 2014 TO: Columbia Heights Planning Commission APPLICANT: Immaculate Conception Church and School 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 and School is requesting a Conditional Use Permit per Code Section 9.106 (10) (C) (1) to allow a dynamic Light Emitting Diode (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 37 City of Columbia Heights Planning Commission March 4th, 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 and School 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 RN City of Columbia Heights Planning Commission March 4th, 2014 Immaculate Conception Church, Conditional Use Permit Case # 2014 -0301 Motion, animation and video images are prohibited on dynamic LED sign displays. 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 • Draft RESOLUTION NO. 2014 -13 • Pictures Location Map 39 Page 4 0 N 1 Co N rw, v N Q) N b LO I to - -, td' i� Q 0 00 k O O U O i U 1 ;� > m co o .. X N O � O _E U CL 0 O a�-0 m�0o (D U °v�txa U U r yN _ Q a o #Q �w = CD �o tit V LO I to - -, td' i� Q 0 00 k 41 Immaculate Conception Church & School t I �N 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 EVA COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of March 10, 2014 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Variances for LED Sign at Immaculate BY: Elizabeth Holmbeck BY: Conception Church and School- 4030 Jackson DATE: March 5, 2014 Street NE BACKGROUND: At this time Immaculate Conception Church and School is seeking three Variances for a proposed dynamic Light Emitting Diode (LED) sign at 4030 Jackson Street NE. The applicant wishes to modify the existing pylon sign by adding an LED component and is requesting three waivers to the following sections of City Code. 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. A dynamic LED sign in conjunction with a religious institution is consistent with the Comprehensive Plan. Immaculate Conception Church and School will operate as usual and the proposed LED pylon sign will not change the purpose of the sign but will modernize the method in which change the message is displayed. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing on March 4th, 2014 and recommended approval by a three to one vote with four conditions listed in the staff report. Al the meeting, the applicant spoke to address questions concerning the proposed sign. Staff recommended approval of the Variances requested, finding that: 1. 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. 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. 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. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. 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. 43 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of. March 10, 2014 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Variances for LED Sign at Immaculate BY: Elizabeth Holmbeck BY: Conception'Church and School- 4030 Jackson DATE: March 5, 2014 Street NE Pate 2 RECOMMENDED MOTION: MOTION: Move to close the public hearing and waive the reading of Resolution 2014 -14, there being ample copies available to the public. MOTION: Move to adopt Resolution NO. 2014 -14, being a resolution approving Variances for a dynamic LED sign for Immaculate Conception Church and School 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. Attachments: Resolution 2014 -13, Planning Report Pictures of Existing Sign Location Map Graphic of Proposed Sign COUNCIL ACTION: 44 RESOLUTION NO. 2014 -14 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR IMMACULATE CONCEPTION CHURCH AND SCHOOL WHEREAS, a proposal (Case #2014 -14) has been submitted by Immaculate Conception Church and School 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. 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 4t'' 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. 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. 45 Resolution No. 2014 -14 W 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 10th day of March, 2014 Offered by: Seconded by: Roll Call: Ayes: Nays: Attest: Carole J. Blowers Secretary Pro Tern .. Mayor Gary L. Peterson CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2014 -0302 DATE: February 25, 2014 TO: Columbia Heights Planning Commission APPLICANT: Immaculate Conception Church and School LOCATION: 4030 Jackson Street REQUEST: Variance for LED Sign PREPARED BY: Elizabeth Holmbeck, Community Development Associate INTRODUCTION At this time Immaculate Conception Church and School is requesting three Variances for a proposed Light Emitting Diode (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 4th, 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 and School, 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 and School 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 49 Page 3 P, (D N M r O N 9 0 0 U CO a fi i U m coo x N > r E 0 t m �° 0 ° W �o °cnQ a U U yN J co CO � U Q Q C ` i -' w �o V N � N ti to O � o o W � a V W �V ci � � V ti 0 t , LO 0 co ,t ,r 51 Immaculate Conception Church & School I I � 4.r .. i cif )' 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 52