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HomeMy WebLinkAbout5-6-14 P & Z Min MINUTES OF PLANNING AND ZONING COMMISSION May 6, 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 (Community Development Director), Elizabeth Holmbeck (Planner), Shelley Hanson (Secretary), and Gary Peterson (Council Liaison). Motion by Fiorendino, seconded by Kinney, to approve the minutes from the meeting of April 1, 2014. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2014-0501 APPLICANT: Lawrence Sign LOCATION: 5000 Central Avenue NE REQUEST: Conditional Use Permit for LED Sign Holmbeck stated that at this time Lawrence Sign, representing Super America is requesting a Conditional Use Permit per Code Section 9.106 (10) (C) (1) to allow a dynamic Light Emitting Diode (LED) sign in the GB, General Business 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 5000 Central Avenue NE (Super America) is designated in the Comprehensive Plan for commercial use and zoned GB, General Business as are the properties to the north, south, east and west. Dynamic LED signs are permitted in the General Business District as a Conditional Use. Lawrence Sign is proposing to retrofit the existing pylon sign by adding LED price displays to the lower portion of the sign. A rendering of the proposed sign, which includes dimensions, is attached. 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, replacing the pylon sign with an LED pylon sign is compatible, and will not change the overall character of the area. P & Z Minutes Page 2 May 6, 2014 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 GB, General Business 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. (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 5000 Central Avenue 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. (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. P & Z Minutes Page 3 May 6, 2014 RECOMMENDATION Staff recommends approval of the proposed Conditional Use Permit for a dynamic LED sign located at 5000 Central Avenue NE. Questions/comments from members: Szurek asked if they are only planning on putting the price on the sign. The representative from Lawrence Sign told her yes, it will display only numerical information, not other messaging. Little asked if this was a new applicant, would it then require a monument sign. Hogeboom stated the Design Guidelines encourage a monument sign, but the sign portion of the Zoning Code allows a pylon sign. It is not mandatory to install a monument sign. Fiorendino asked if this is a new sign or if they would be retro-fitting the existing sign. Holmbeck stated they plan to retro-fit the sign by adding LED, and that by doing that it requires a CUP. Fiorendino said he thought monument signs for new construction were a requirement and that new pylon signs haven’t been approved to his knowledge since the Design Guidelines were established. Kinney asked if a monument sign had been considered. The representative from Lawrence Signs said they did not consider that since cost was a factor in their decision. Kinney said she doesn’t think this sign fits with the area as all the surrounding businesses have monument signs per the Design Guidelines. She then asked if they meet all the necessary conditions. Holmbeck told her that they did meet the conditions. Lee had no questions. Public Hearing Opened. No one was present to speak on this issue. Public Hearing Closed. Motion by Little, seconded by Fiorendino, that the Planning Commission recommends the City Council approve the Resolution NO. 2014-31 for a Conditional Use Permit for a proposed dynamic LED sign for Lawrence Sign representing Super America, located at 5000 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: P & Z Minutes Page 4 May 6, 2014 The dynamic LED signs may occupy no more than sixty percent (60%) of the actual copy 1. 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. The images and messages displayed must be static, and the transition from one state 2. display to another must be instantaneous without any special effects. 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 3. 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. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas 4. 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- MOTION PASSED. The following resolution will go to the City Council May 12, 2014. RESOLUTION NO. 2014-31 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN LED SIGN AT S WHEREAS , a proposal (Case # 2014-0501) has been submitted by Lawrence Sign, representing Super America to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 5000 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 dynamic LED sign to be located in the GB, General Business Zoning District. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on th, May 62014. P & Z Minutes Page 5 May 6, 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. 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 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. P & Z Minutes Page 6 May 6, 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. th Passed this 12 day of May, 2014. CASE NUMBER: 2014-0502 APPLICANT: Grace Lee th LOCATION: 1121 39 Avenue. NE REQUEST: Variance Holmbeck explained that at this time Grace Lee, is requesting a Variance for a proposed accessory th structure at 1121 39 Avenue NE. 1) Waiver to Section 9.106 (B) (8)-allowing an accessory structure to be located within 5 feet of the front property line. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for low density residential. Being that the accessory structure would be for the existing house, the Variance request is consistent with the types of uses guided for this area. ZONING ORDINANCE th The property located at 1121 39 Avenue NE is zoned R-2A, one and two Family Residential as are the properties to the north, south, east and west. 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. th The parcel at 1121 39 Avenue NE is triangular in shape and as such poses difficulties for the property owner to erect a garage within the allowed setbacks. P & Z Minutes Page 7 May 6, 2014 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. This is correct. The triangular shape of this parcel is unique and only applies to a limited amount of properties in the City of Columbia Heights. 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. This is correct. d)The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. This is correct. 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 th Staff recommends approval of the proposed Variance for an accessory structure, located at 1121 39 Avenue NE. Questions/Comments from members: Hogeboom told members that the normal front yard setback is 25 feet, however there is specific language in the code that allows for a deviation from this figure based on measurements of neighboring properties. Taking this information into consideration an 18 foot setback would be allowed without a variance. Hogeboom told members that this is an unusual situation due to the triangular shape and location of the lot. th Lee told members that the garage will face 39 Avenue and will be located behind the current parking pad. She said the garage cannot be moved closer to the house or further back due to two large trees on the property and the location of the alley. th Kinney asked what the setbacks of neighboring houses were, and if others had garages that faced 39 th Avenue. Lee said the setbacks do vary some and that there are other garages that face 39 Avenue. Lee said she had spoken with the neighbors and no one had an issue with them constructing the garage. Hogeboom told members that all property owners in the area were notified and that he had not received any calls objecting to this variance being approved. P & Z Minutes Page 8 May 6, 2014 Fiorendino asked how much of a variance this really is. Hogeboom stated that an 18 foot setback would be allowed. This needs a variance as it will only be 5 feet back from the front property line-which is actually 18 feet back from the street, as the street right of way is 13+ feet. So the request is for a 13 foot variance. Lee showed members a drawing of the property which showed details of the layout of the site. Public Hearing Opened. No one was present to speak on this matter. Public Hearing Closed. Motion by Fiorendino, seconded by Little, that the Planning Commission recommends that the City Council approve the Resolution No. 2014-32 approving a Variance for an accessory structure th located at 1121 39 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)Waiver to Section 9.106 (B) (8)-allowing an accessory structure to be located within 5 feet of the front property line. th All ayes. MOTION PASSED. The following Resolution will go to the City Council May 12. RESOLUTION NO. 2013-32 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE th FOR 1121 39 Avenue NE WHEREAS , a proposal (Case # 2014-0502) has been submitted by the City of Columbia Heights to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: th ADDRESS: 1121 39 Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: allowing an accessory structure to be located within 5 feet of the front property line per Code Section 9.106 (B) (8). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on May th 6, 2014; P & Z Minutes Page 9 May 6, 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 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 permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. Passed this 12th day of May, 2014. NEW BUSINESS Hogeboom told members that the EDA gave support in concept of the NE Business Center being developed into a senior (62 and older) housing project with 80 units of affordable, not Section 8, rents. If the developer can obtain the financing, the project will take a couple of years to complete. The City made it clear to the developer that it will not offer any economic assistance for this project. If they obtain the financing they need it will come before the Planning & Zoning at a later time for the Site Plan Review. Hogeboom told members it is appropriately zoned for the use and is compatible with the Comprehensive Plan. If the Developer didn’t need the letter of support for their financing it would not have had to come before the EDA at all. P & Z Minutes Page 10 May 6, 2014 Hogeboom then told members that Habitat for Humanity will most likely come back to the EDA in June or July with a plan for a townhouse development for the Huset Park area by the round a bout. Habitat was told to put their plans on hold as the current owner of the property is in Default of the Development Agreement and until that is cleared up, the EDA will not consider any proposals. Hogeboom stated that the scattered site lots are selling and several houses are under construction. There are 5 models currently being marketed. He then informed members that Elizabeth Holmbeck had been hired as the City’s Associate Planner, and that Scott Clark had retired. Fiorendino asked about the status of allowing schools in the General Business or CBD. Hogeboom told him that staff had met with members of the School District and several business owners and that they will be bringing back a report and recommendation to the Planning & Zoning Commission in June for consideration. The meeting was adjourned at 7:30 pm. Respectfully submitted, Shelley Hanson Secretary