HomeMy WebLinkAbout2015-11-04 P&ZCH COLUMBIA
HEIGHTS
Planning and Zoning Commission Meeting
November 4th, 2015
7:00pm
Columbia Heights City Hall
590 40th Avenue NE
Columbia Heights, MN 55421
1. Call to Order
51k_"U y
a. Approval of October 6th, 2015, Planning and Zoning Commission Meeting Minutes
2. Public Hearings
a. Case # 2015 -1101, Variance
4224 2nd St. NE.
John Holmberg, Property Owner
3. Other Business
a. Interim Ordinance, Auto Use Moratorium
Ordinance No. 1622
b. Ordinance Update, Floodplain Management Overlay District
Ordinance No. 1623
c. REMINDER! League of Minnesota Cities On -Site Training
November 17th, 2015 at 3:00pm, City Hall
4. Adjourn
11 -4 -15
DRAFT MINUTES OF
PLANNING AND ZONING COMMISSION
OCTOBER 6, 2015
7:00 PM
The meeting was called to order at 7:00 pm by Vice -Chair Rob Fiorendino.
Commission Members present- Buesgens, Fiorendino, and Hoium.
Members Absent: Lee and Szurek
Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison,
John Murzyn.
Motion by Hoium, seconded by Buesgens, to approve the minutes from the meeting of August 5, 2015. All ayes.
MOTIONPASSED.
PUBLIC HEARINGS
CASE NUMBER:
2015 -1001
APPLICANT:
Harry Eiss, Autos Online
LOCATION:
4457 Central Ave NE
REQUEST:
Conditional Use Permit
Holmbeck explained that Harry Eiss on behalf of Autos Online is requesting a Conditional Use Permit per Code
Section 9.106 (13) (C) to allow a dynamic light emitting diode (LED) sign in conjunction with a commercial
establishment for the property located at 4457 Central Avenue NE. Autos Online recently purchased the
building and has refaced the existing pylon sign and repainted and replaced signage on the building. The
applicant is requesting to add an additional LED component to the existing pylon sign to allow the business to
display business related advertising. A rendering of the proposed sign, which includes dimensions, is attached
for review.
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.
ZONING ORDINANCE
The property located at 4457 Central Avenue NE is zoned GB, General Business. The properties to the north,
south and west are zoned GB, General Business and the properties to the east are zoned R2A, One and Two
Family Residential. Dynamic LED signs are permitted in the General Business Zoning District as a Conditional
Use in conjunction with a commercial establishment.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this property for commercial uses. The proposed sign is consistent with the
types of uses guided for this zoning district.
Oct 6, 2015 min
P & Z Minutes
Page 2
October 6, 2015
DESIGN GUIDELINES
The subject property is located within the Design Guideline Overlay District, and is governed by the "Highway
District" standards within the Design Guidelines. The following standards are specific design requirements for
signs in the Design Guideline Overlay District:
Signs should be architecturally compatible with the style, composition, materials, colors and details of the
building, and with other signs on nearby buildings. Signs should be an integral part of the building and site
design. Wall and projecting signs should be positioned so they are an integral design feature of the building, and
to complement and enhance the building's architectural features. Signs should not obscure or destroy
architectural details such as stone arches, glass transom panels, or decorative brickwork.
Signs may be placed:
• In the horizontal lintel above the storefront windows
• Within window glass, provided that no more than 25 percent of any individual window is obscured
• Projecting from the building
• As part of an awning
• In areas where signs were historically attached
Wall signs should generally be rectangular. In most cases, the edges of signs shall include a raised border that
sets the sign apart from the building. Individual raised letters set onto the sign area surface are also preferred.
Projecting signs may be designed in a variety of shapes. Sign colors shall be compatible with the building
facade to which the sign is attached. No more than three colors should be used per sign, unless part of an
illustration. To ensure the legibility of the sign, a high degree of contrast between the background and letters is
preferable. A combination of soft/neutral shades and dark/rich shades are encouraged.
Sign materials should be consistent or compatible with the original construction materials and architectural style
of the building facade on which they are to be displayed. Natural materials such as wood and metal are more
appropriate than plastic. Neon signs may be appropriate for windows.
External illumination of signs is permitted by incandescent, metal halide or fluorescent light that emits a
continuous white light. Light shall not shine directly onto the ground or adjacent buildings. Neon signs are
permitted. Internally lit box signs and awnings are not permitted, with the exception of theater marquees.
Variable electronic message signs are not permitted, with the exception of existing time /temperature signs.
Ground or monument signs are encouraged rather than pylon signs. Sign materials, colors and architectural
detailing should be similar to those of the principal building. The area around the base of the sign should be
landscaped.
According to the City's Design Guidelines, ground or monument signs are encouraged rather than pylon signs.
However, the applicant wishes to keep the existing pylon sign and add the LED component to the top of the
sign rather than installing a monument sign. Due to the fact that the current sign on the property is a pylon sign
and the surrounding zoning districts are primarily commercial, the addition of an LED component to the
existing pylon sign is not likely to change the overall character of the surrounding area.
P & Z Minutes
Page 3
October 6, 2015
FINDINGS OF FACT
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 Zoning District.
(b) The use is in harmony with the general purpose and intent of the Comprehensive Plan.
The Comprehensive Plan designates this area for commercial uses. The use is consistent with the intent of the
Comprehensive Plan as the sign is proposed for a commercial establishment.
(c) The use will not impose hazards or disturbing influences on neighboring properties.
The proposed use will not result in any additional noise and should not disrupt neighboring properties. In order
to mitigate any potential disturbances, the City's Zoning Code outlines specific development standards that
address the operation of dynamic LED signs.
(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 4457
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 is not anticipated to 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.
The dynamic LED sign will have to adhere 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 Conditional Use Permit for the proposed dynamic LED sign for Autos
Online, located at 4457 Central Avenue NE.
P & Z Minutes
Page 4
October 6, 2015
Questions from members:
Hoium asked if LED signs are permitted on pylon signs. Holmbeck stated that the code allows for them even
though businesses are encouraged to put them on monument type signs. She went on to explain that the Design
Guidelines intended for them to be on monument signs only, but did not make it mandatory. She told the
members that they have the discretion to determine the intent of the ordinance in these cases.
Buesgens stated her concern over putting the LED portion above the existing face on the pylon sign. She felt
the sign was high enough already. She thought it should be placed below the existing signage.
The owner, Mr. Eiss, told members that the traffic light blocks it especially for those traveling south on Central
Avenue. He wouldn't gain anything by putting the LED portion under the existing face. He thinks it will
improve traffic safety since it will be more visible to those that are trying to find his location.
Fiorendino stated that the Design Guidelines prefer LED signage to be on monument signs. If it were a new
building we would require it to be a monument type sign. Fiorendino stated he understands the existing sign for
this business is grandfathered in, but they are also requesting a variance to enlarge it (next case being
presented), which becomes part of the grandfathering also. The variance is requested as his plan will exceed the
maximum allowed by 15 sf with the addition of the LED part.
Hoium stated it is not the Commission's responsibility to ensure every sign is visible. It is their job to ensure
City Ordinances are met.
Buesgens asked if the Traffic Commission should maybe look at this request and give an opinion as to whether
the safety factors he mentioned should be a consideration.
Public Hearine Opened.
Michelle Ferrara from 4422 Central Avenue owns an apartment building that faces the Car Wash down the
block from Autos Online. She stated there are 5 other homes on that block and that all the residents on that
block are against this CUP and Variance request. She stated that when Pepe's sign across the street was
installed it was very disruptive to the homeowners. She thinks LED signs are annoying due to the bright lights
and the flashing or changing of messages.
Lorraine Ayson from 4416 Central said she didn't like Pepe's sign and doesn't want this one either.
Holmbeck explained to members that Pepe's put that sign up without a permit so they were informed it had to
be removed. She said it also didn't meet the requirements of operation.
Rob Harris owns AutoMax at 4501 Central just north of this business. While he appreciated the improvements
Mr. Eiss has made to the property, he doesn't want the signage for this particular business to block his business
signage, which would happen if it is enlarged. He said that is something the new owners should have factored
in when he considered buying the property.
P & Z Minutes
Page 5
October 6, 2015
Fiorendino said the present case is whether to allow an LED sign only. He asked what would happen if the
CUP is approved and the variance isn't. Holmbeck stated it would be up to the owner to decide if he wanted to
replace the face of the existing sign with an LED component or leave it as is. Since he only has 3 sf to work
with, he wouldn't be able to add to it on top or underneath if the variance isn't approved.
Buesgens stated she didn't want it disruptive to the neighbors and asked if it could be a condition to have it
turned off at night. Holmbeck stated any additional conditions would need to be listed on the CUP approval,
not the variance portion. Mr. Eiss said he was willing to turn it off at night. He said his business closes at 6 pm
Monday through Saturday, and is not open Sundays.
Hoium stated the existing monument signs in the City don't disrupt the neighbors, and he thinks the use of LED
signage should be on monument type base.
Michelle Ferrara asked if it would make a difference if she brought a petition to the City Council on Monday.
Fiorendino said she could do that as they are the final decision making body. Mr. Eiss again stated he was
willing to shut the sign off at night.
Public Hearing Closed.
Motion by Hoium, seconded by Buesgens, to close the public hearing and waive the reading of Resolution 2015-
70, there being ample copies available to the public. All ayes. MOTIONPASSED.
Motion by Buesgens, seconded by Hoium, that the Planning and Zoning Commission recommends that the City
Council approve the Resolution No. 2015- 70 for a Conditional Use Permit for a proposed dynamic LED sign
for Autos Online located at 4457 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:
L All dynamic LED signs may occupy no more than 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. A dynamic LED sign may not change or move more often than once every ten seconds for
commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or
educational institution uses, except one for which changes are necessary to correct hour - and - minute, date, or
temperature information.
3. A display of time, date or temperature information may change as frequently as once every five
seconds, however information displayed not relating to the date, time or temperature must not change or move
more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once
every ten minutes for religious and /or educational institution uses.
4. The images and messages displayed must be static, and the transition from one state display to
another must be instantaneous without any special effects. Motion, animation and video images are prohibited
on dynamic LED sign displays.
5. The images and messages displayed must be complete in themselves, without continuation in content
to the next image or message or to any other sign.
P & Z Minutes
Page 6
Oct 6, 2015
6 Dynamic LED signs must be designed and equipped to freeze the device in one position if a maltunction
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 section.
7. 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. 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.
8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must
comply with the operational standards listed above. An existing dynamic LED sign that does not meet the
structural requirements may continue as a non - conforming sign subject to § 9.105(E).
9. The sign can only be lit during business hours.
Roll Call: All ayes
The following Resolution will go to the City Council for consideration on Monday, October 12, 2015
RESOLUTION NO. 2015-70
A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit
for a dynamic LED sign for Autos Online located at 4457 Central Avenue NE.
Whereas, a proposal (Case # 2015 -1001) has been submitted by Harry Eiss on behalf of Autos Online to the City Council
requesting a Conditional Use Permit from the City of Columbia Heights at the following site:
ADDRESS: 4457 Central Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.106 (13) (c), to allow a
dynamic LED sign to be located in the General Business Zoning District.
Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October
6"', 2015;
Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning 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;
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights,
the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
(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.
(b) The use is in harmony with the general purpose and intent of the Comprehensive Plan.
P & Z Minutes
Page 7
Oct. 6, 2015
(c) The use will not impose hazards or disturbing influences on neighboring properties.
(d) The use will not substantially diminish the use of the property in the immediate vicinity.
(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.
(f) The use and property upon which the use is located are adequately served by essential public facilities and
services.
(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.
(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.
(i) The use complies with all other applicable regulations for the districts in which it is located.
Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use
Permit and approval; and in granting this Conditional Use 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. The Conditional Use Permit is subject to certain conditions of approval that have been
found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and
Development Ordinance, including:
1. All dynamic LED signs may occupy no more than 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. A dynamic LED sign may not change or move more often than once every ten seconds for commercial,
industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses,
except one for which changes are necessary to correct hour - and - minute, date, or temperature information.
3. A display of time, date or temperature information may change as frequently as once every five seconds,
however information displayed not relating to the date, time or temperature must not change or move more often than
once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for
religious and/or educational institution uses.
4. The images and messages displayed must be static, and the transition from one state display to another must be
instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign
displays.
5. The images and messages displayed must be complete in themselves, without continuation in content to the
next image or message or to any other sign.
6. 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 section.
7. 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. 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.
P & Z Minutes
Page 8
Oct 6, 2015
8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply
with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements
may continue as a non - conforming sign subject to § 9.105(E).
9. The sign can only be lit during business hours.
CASE NUMBER: 2015 -1002
APPLICANT: Harry Eiss, Autos Online
LOCATION: 4457 Central Ave NE
REQUEST: Sign Variance
Holmbeck explained that Harry Eiss representing Autos Online is also requesting a Variance to allow for the
installation of additional signage at the property located at 4457 Central Avenue NE. The property was the
former Car X Auto Shop and has recently been purchased by Autos Online. The existing signage on the
property has been replaced to reflect new ownership of the property. The applicant is requesting to add an
additional dynamic LED component to the existing pylon sign. With the proposed additional square footage, the
sign would exceed the maximum allowed square footage for a pylon sign on the property.
The existing pylon sign is located on the northwest corner of the property and is 72 Sq. Ft. in size. The applicant
is proposing to add an additional 18 Sq. ft. to the top of the exiting sign with a new total of 90 sq. ft. in size.
With the additional square footage, the sign would exceed the maximum allowed square footage of 75 sq. ft., by
15 sq. ft. According to the City's Zoning Code, pylon signs have a maximum permitted height of 25 ft. The
proposed sign would meet this requirement, as it would be 22 ft. tall. A rendering of the proposed sign, which
includes dimensions, is attached for review.
ZONING ORDINANCE
The property located at 4457 Central Avenue NE is zoned GB, General Business. The properties to the north,
south and west are zoned GB, General Business and the properties to the east are zoned R2A, One and Two
Family Residential. Dynamic LED signs are permitted in the General Business Zoning District as a Conditional
Use in conjunction with a commercial establishment.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this zoning district for commercial uses. The proposed sign is consistent
with the types of use guided for this zoning district.
DESIGN GUIDELINES
The subject property is located within the Design Guideline Overlay District, and is governed by the "Highway
District" standards within the Design Guidelines. The following standards are specific design requirements for
signs in the Design Guideline Overlay District:
Signs should be architecturally compatible with the style, composition, materials, colors and details of the
building, and with other signs on nearby buildings. Signs should be an integral part of the building and site
design. Wall and projecting signs should be positioned so they are an integral design feature of the building, and
to complement and enhance the building's architectural features. Signs should not obscure or destroy
architectural details such as stone arches, glass transom panels, or decorative brickwork.
P & Z Minutes
Page 9
Oct 6, 2015
Signs may be placed:
• In the horizontal lintel above the storefront windows
• Within window glass, provided that no more than 25 percent of any individual window is obscured
• Projecting from the building
As part of an awning
• In areas where signs were historically attached
Wall signs should generally be rectangular. In most cases, the edges of signs shall include a raised border that
sets the sign apart from the building. Individual raised letters set onto the sign area surface are also preferred.
Projecting signs may be designed in a variety of shapes. Sign colors shall be compatible with the building
facade to which the sign is attached. No more than three colors should be used per sign, unless part of an
illustration. To ensure the legibility of the sign, a high degree of contrast between the background and letters is
preferable. A combination of soft/neutral shades and dark/rich shades are encouraged.
Sign materials should be consistent or compatible with the original construction materials and architectural style
of the building facade on which they are to be displayed. Natural materials such as wood and metal are more
appropriate than plastic. Neon signs may be appropriate for windows.
External illumination of signs is permitted by incandescent, metal halide or fluorescent light that emits a
continuous white light. Light shall not shine directly onto the ground or adjacent buildings. Neon signs are
permitted. Internally lit box signs and awnings are not permitted, with the exception of theater marquees.
Variable electronic message signs are not permitted, with the exception of existing time /temperature signs.
Ground or monument signs are encouraged rather than pylon signs. Sign materials, colors and architectural
detailing should be similar to those of the principal building. The area around the base of the sign should be
landscaped.
According to the City's Design Guidelines, ground or monument signs are encouraged rather than pylon signs.
However, the applicant wishes to keep the existing pylon sign and add the LED component to the top of the
sign rather than installing a monument sign. Due to the fact that the current sign on the property is a pylon sign
and the surrounding zoning districts are primarily commercial, the addition of an LED component to the
existing pylon sign is not likely to change the overall character of the surrounding area.
FINDINGS OF FACT
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 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.
P & Z Minutes
Page 10
Oct 6, 2015
According to the applicant's narrative, since the building was constructed, MNDOT has replaced the traffic
signals at the intersection directly out front of the business. The traff c signal is located next to the existing
pylon sign. The applicant further claims, that the current traffic signal location obstructs the view of the pylon
sign from potential customers. To comply with provisions of the Zoning Ordinance, the applicant would have to
either decrease the size of the proposed sign or remove the existing signage and replace with code compliant
signage.
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.
According to the applicant, the main issue is not having adequate visibility on Central Avenue due to the
location of the traffic signal. To clear the traffic signal, the dynamic LED sign portion is being proposed on the
top of the existing pylon sign.
c) 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.
This is correct. According to the applicant, the difficulty arises from the location of the sign along Central
Avenue and visibility issues associated with the location of the traffic signals.
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 commercial uses. Being that Autos Online is a commercial
use, the variance request is 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.
Granting the variance to allow the sign to exceed the maximum allowable square footage is not anticipated to
negatively affect the neighboring properties.
In the case of a variance request, staff does not make a recommendation for or against approval. The decision is
left to the Planning and Zoning Commission to make a recommendation to the City Council. If the Planning and
Zoning Commission chooses to recommend approval, please use the recommended motions below.
Ouestions from members:
Hoium asked how many signs in the City don't meet the Code. Holmbeck said she doesn't have that
information. She stated since she has been on staff that cases are decided on individual merit and some have
been approved and some have not.
Buesgens again asked what the applicant's options would be if this request is denied. Holmbeck said he could
choose to replace the face of the existing sign with a LED type.
Hoium said he thinks the commission should be as consistent as possible. Fiorendino said the Design
Guidelines encourage businesses to stay within the requirements established, so therefore, he is against the size
being increased.
P & Z Minutes
Page 11
Oct 6, 2015
Hoium asked if the City Council could override the recommendation and was told they could.
Public Hearing Opened.
No one wished to speak further on this matter.
Public Hearing Closed.
Motion by Buesgens, seconded by Hoium, to close the public hearing and waive the reading of Resolution 2015-
71, there being ample copies available to the public. All ays. MOTION PASSED.
Motion by Hoium, seconded by Buesgens, that the Planning and Zoning Commission recommends the City
Council deny the Resolution No. 2015 -71 approving a Variance for the sign located at 4457 Central Avenue
NE., that would grant:
1. Waiver to Section 9.106 (P) (13) (2)- allowing a pylon sign in the General Business Zoning District
to exceed the maximum allowed size of 75 sq. ft. The proposed sign exceeds the maximum allowed
size by 15 sq. ft.
Roll Call: All ayes.
This matter and the following Resolution will go before the City Council for consideration on Monday, October
12, 2015. It will be up to the Council to make the final determination on this request.
RESOLUTION NO. 2015-71
A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Variance
from certain conditions of the City of Columbia Heights Zoning Code for Autos Online located at 4457
Central Avenue NE.
Whereas, a proposal (Case # 2015 -1002) has been submitted by Harry Eiss on behalf of Autos Online to the
City Council requesting a Variance from the City of Columbia Heights at the following site:
ADDRESS: 4457 Central Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING: Waiver to Section 9.106 (13) (a) (2), to allow a pylon sign to
exceed the maximum allowable square footage of 75 sq. ft. The proposed sign will exceed by 15 sq. ft.
Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on
October 6s', 2015;
P & Z Minutes
Page 12
Oct. 6, 2015
Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning
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 concerns related to compatibility of uses, traffic,
property values, light, air, danger of fire, and risk to public safety in the surrounding areas;
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia
Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
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 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.
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 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.
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.
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.
CASE: 2015 -1003
APPLICANT: Columbia Heights Leased Housing Assoc I LLLP
LOCATION: 317 37th Ave, 3700 5th St, 450 38" Ave NE
REQUEST: Site Plan Approval - Huset Park Senior Living
Holmbeck explained that Columbia Heights Leased Housing Associates, on behalf of Dominium, is proposing
to construct 191 units of affordable senior housing on the vacant site northeast of the 37`h Avenue NE. and
University Avenue NE intersection. The building will be designed and marketed to people ages 55 and up, with
some income qualifications. The development will be adequately served with a number of amenities including a
fitness facility and club room, theater, library, and salon. On the grounds there will be an outdoor patio terrace
that will include a fire pit, grilling stations, and ample seating areas to serve apartment residents. A narrative
provided by the applicant, is attached for your review.
P & Z Minutes
Page 13
Oct. 6, 2015
ZONING ORDINANCE
The site is currently comprised of three properties which will be combined and re- platted. Once the Final Plat is
approved, a new address will be issued for the property. The three properties are located in the Mixed Use
Zoning District. Properties to the north and east are also zoned in the Mixed Use Zoning District. The properties
to the east and west are zoned in the Light Industrial Zoning District, and the properties to the south are located
in the City of Minneapolis.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area for Mixed -Use, Transit Oriented Development. The City's Mixed -Use
Districts allow for residential, commercial, and institutional uses. The City's Comprehensive Plan aims to
enhance the transit connections along University Avenue and to provide additional housing for the projected
aging population. Constructing a senior housing apartment building is consistent with the City's Comprehensive
Plan. The vacant site will be redeveloped to include a four story senior housing building and site improvements
on the parcel which will enhance the pedestrian and transit connections to the surrounding area.
DESIGN GUIDELINES
The subject property is not located in the Design Guideline Overlay District and as such, is not governed by the
Design Guideline standards.
SITE PLAN
The subject property is located in the Mixed Use Zoning District and does not have specific lot size and setback
requirements. The Zoning Code allows the City to be flexible in this area to facilitate a successful development.
Specific site requirements will be outlined in a Development Contract, and approved by the Columbia Heights
City Council.
1. Parking
The proposed site plan is for 191 units of senior housing. City Code requires one parking space for every two
units of senior housing. By this standard, the City would require that 95.5 parking spaces be provided. The
proposed development exceeds this requirement, by providing 137 underground parking spaces and 108 surface
parking spaces.
2. Access
The site will be served by one main entrance off Huset Parkway. The front parking lot will contain a turn-
around and a covered drop -off and pick -up just outside the main entrance to the building. The rear drive will go
around the building and will have access to the underground parking and rear parking lot. Two secondary
entrances will be located in the rear of the building.
3. Landscape
The proposed landscaping materials are shown on the attached Landscape Plan. The applicant is proposing a
storm water pond to be located on the southwest corner of the parcel. The storm water pond will have a
decorative water fountain feature, with shoreline flowers surrounding the perimeter. The applicant is proposing
to plant 134 trees which will complement the layout of the development. The landscape plan calls for native
perennial and deciduous plantings in combination with shrubs and perennials to be planted along the periphery
of the building. The development will be within close proximity to Huset Park and Murzyn Hall. Huset Park
will provide additional outdoor opportunities for residents, and the Senior Center at Murzyn Hall is adjacent to
Huset Park.
P & Z Minutes
Page 14
Oct. 6, 2015
FINDINGS OF FACT
Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City
to approve a Site Plan. They are as follows:
a. The Site Plan conforms to all applicable requirements of this article.
The applicable Zoning Code requirements are achieved. The Zoning Code requires that a Development
Contract outline specific site requirements. A condition has been added to the Site Plan, that the developer must
meet all the requirements of the Development Contract.
b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan.
The Comprehensive Plan guides this area for Mixed Use Transit Oriented Development. The proposed Site
Plan for the property is consistent with the intent of the Comprehensive Plan.
c. The Site Plan is consistent with any applicable area plan.
The property was previously part of a larger development ofHuset Park. However, the final phase of the
original development was never completed. The Economic Development Authority is considering an amendment
to the original development agreement for Huset Park to accommodate the new senior living development.
d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right -
of -way.
Proper traffic controls are in place to accommodate the additional vehicles on 37th Avenue NE. and University
Avenue NE. The proposed plan for the senior living development will be governed by a Development Contract
which will have specific site requirements meant to minimize any adverse impact to neighboring properties.
Ouestions from members:
Hoium noted that our Ordinance only requires 95.5 parking spaces and they are putting in significantly more.
He said this may indicate that our Ordinance is outdated since Dominium probably has a better idea of what is
actually needed for facilities such as this.
Buesgens asked for an explanation of the difference between affordable housing and low income housing. Eric
Omdahl from Dominium stated the rents will fall into the low income guidelines that are established for
financing purposes. He told members the rents would be in the mid $800 for a 1 BR unit and in the $1,200+
range for a 3 BR unit. He assured members they will not be Section 8 or subsidized housing. The low income
guidelines are set at 60% of the median income so that the project qualifies for tax credits. The tax credits help
make up for the difference in rent that could be charged if they were market rate units. Mr. Omdahl went on
explain that this cannot change for 15 years according to the financing rules. He reviewed the Company's
history and other developments they have done, and told members that they manage the buildings after they are
built long term.
Buesgens asked about renewable energy and if solar panels would be a part of this project. He said they don't
plan on doing so with this building, but they do construct the buildings to be as energy efficient as possible and
that all the appliances have high efficiency ratings also. Omdahl also assured her that soundproofing is
addressed during construction in both the walls and the ceilings.
P & Z Minutes
Page 15
Oct, 6, 2015
Public Hearing Onened.
Dr Jigar Mistry of 3820 5d' Street is on the Board of Directors of the Huset Park Townhomes. He said the
Board supports this project and was impressed with how Dominium reached out to the residents of the HOA to
explain their plan and accept feedback that they incorporated into their plans. He thinks the project will add
value to the surrounding properties.
Joe Hogeboom, Community Development Director, explained that he works closely with the EDA and that this
project would complete one of the final phases of the Huset Park Redevelopment. He also reiterated that this
project would not be considered a subsidized housing project. Dominium is compensated through the tax credit
process as Mr. Omdahl explained earlier. Hogeboom stated that staff has been working with Dominium for a
year now and that the EDA is excited to move forward with this proposal. The EDA will be taking action to
approve a Development Agreement next week at their meeting. The Development Agreement will mirror the
financing requirement that the building be operated as proposed for at least 15 years.
Buesgens said she was excited about this proposal, but asked if there were any plans for the round -about piece.
Hogeboom stated that there isn't anything planned at this time. Dominium usually constructs larger projects so
will probably sell this parcel off in the future to someone else to develop. He said the current agreement in place
allows for 50 units of Sr. Cooperative Living, but there isn't a lot of interest in buildings of that nature right
now. Any other proposal would have to go before the EDA for approval to amend the Development
Agreement.
Renee Gaughan also is on the Board of Directors of the Huset Park HOA. She said she supports the project also
and that it will be a great addition to the City. She told members that there isn't a lot of green space in the
development and that the round -about site is currently used for snow removal storage from the rest of the
development. She hopes it can be continued to be used as such for the time being. Gaughan stated the HOA is
considering purchasing the site so it can remain as a snow removal site as it is very much needed.
Public Hearing Closed.
Motion by Hoium, seconded by Buesgens, to waive the reading of Resolution No. 2015 -72, there being ample
copies available to the public. All ayes. MOTION PASSED.
Motion by Buesgens, seconded by Hoium, to adopt Resolution No. 2015 -72, being a resolution approving a site
plan, for a proposed senior housing development, subject to the following conditions:
1. The building and site shall be meet all requirements found in the Fire Code and the Building Code.
2. All City Storm Water Management requirements, as well as Mississippi Water Management
Organization (MWMO) plan requirements, shall be achieved for this property.
3. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening
wall or fence no less than six feet in height. The open side of the enclosure shall not face any public
street or the front yard of any adjacent property.
4. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent
properties and from public streets.
P & Z Minutes
Page 16
Oct. 6, 2015
5. The Developer must satisfy engineering and site development requirements outlined in the Development
Contract for the Plat ofHuset Park Senior Living, to be approved by the City Council on October 12,
2015.
6. The Developer shall meet the requirements outlined in the attached report from the Columbia Heights
Fire Department, dated September 30, 2015.
7. The Developer shall meet the requirements outlined in the attached report from the Minnesota
Department of Transportation, dated October 1, 2015.
8. The Developer shall install a 10 foot wide bituminous trail along University Avenue NE, and within the
MNDOT Right -Of -Way, from Naegele Avenue to 37 h Avenue NE., conditional on MNDOT permit
requirements.
9. The Developer shall install a decorative fence between the trail and the northbound lanes of University
Avenue NE., subject to conditions specified in the Development Contract.
10. The Developer shall install a 6 foot wide concrete sidewalk along the south side of the parcel,
connecting to the existing sidewalk on Huset Parkway and the proposed trail on University Avenue NE.
11. The Developer shall construct a monument sign displaying the City of Columbia Heights' logo facing
northbound University Avenue traffic. The sign shall be designed and financed by the Developer and
approved by the City.
12. Construction shall commence by June 1, 2016 and be substantially complete by December 31, 2017.
13. The Developer shall dedicate public easements over all storm water features, including the decorative
pond, as well as over the proposed fire hydrant.
14. Site and elevation plans included in this submittal, dated September 9, 2015 shall become part of this
approval.
15. All other applicable local, state, and federal requirements shall be met at all times.
Roll Call: All ayes
The following Resolution will go to the City Council on Monday, October 12, 2015.
RESOLUTION NO. 2015-72
A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Site Plan for
Columbia Heights Leased Housing Associates I, LLLP for Huset Park Senior Living located at 317 37th
Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE.
Whereas, a proposal (Case # 2015 -1003) has been submitted by Columbia Heights Leased Housing Associates
I, LLLP on behalf of Dominium to the City Council requesting Site Plan Approval from the City of Columbia
Heights at the following site:
ADDRESS: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE.
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING: Site Plan Approval per Code Section 9.104 (N).
P & Z Minutes
Page 17
Oct. 6, 2015
Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on
October 6`h, 2015;
Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning
Commission regarding the effect of the proposed Site Plan upon the health, safety, and welfare of the
community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic,
property values, light, air, danger of fire, and risk to public safety in the surrounding areas;
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia
Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
a. The Site Plan conforms to all applicable requirements of this article.
b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan.
c. The Site plan is consistent with any applicable area plan.
d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right -
of -way.
Further, be it resolved, that the attached plans, maps, and other information shall become part of this Site Plan
Approval; and in granting approval the City and the applicant agree that this Site Plan Approval 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.
CONDITIONS
1. The building and site shall be meet all requirements found in the Fire Code and the Building Code.
2. All City Storm Water Management requirements, as well as Mississippi Water Management
Organization (MWMO) plan requirements, shall be achieved for this property.
3. Trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening
wall or fence no less than six feet in height. The open side of the enclosure shall not face any public
street or the front yard of any adjacent property.
4. Mechanical equipment shall be placed and/or screened so as to minimize the visual impact on adjacent
properties and from public streets.
5. The Developer must satisfy engineering and site development requirements outlined in the Development
Contract for the Plat of Huset Park Senior Living, to be approved by the City Council on October 12,
2015.
6. The Developer shall meet the requirements outlined in the attached report from the Columbia Heights
Fire Department, dated September 30, 2015.
7. The Developer shall meet the requirements outlined in the attached report from the Minnesota
Department of Transportation, dated October 1, 2015.
8. The Developer shall install a 10 foot wide bituminous trail along University Avenue NE, and within the
MNDOT Right -Of -Way, from Naegele Avenue to 37`h Avenue NE., conditional on MNDOT permit
requirements.
9. The Developer shall install a decorative fence between the trail and the northbound lanes of University
Avenue NE., subject to conditions specified in the Development Contract.
10. The Developer shall install a 6 foot wide concrete sidewalk along the south side of the parcel,
connecting to the existing sidewalk on Huset Parkway and the proposed trail on University Avenue NE.
P & Z Minutes
Page 18
Oct 6, 2015
11. The Developer shall construct a monument sign displaying the City of Columbia Heights' logo facing
northbound University Avenue traffic. The sign shall be designed and financed by the Developer and
approved by the City.
12. Construction shall commence by June 1, 2016 and be substantially complete by December 31, 2017.
13. The Developer shall dedicate public easements over all storm water features, including the decorative
pond, as well as over the proposed fire hydrant.
14. Site and elevation plans included in this submittal, dated September 9, 2015 shall become part of this
approval.
15. All other applicable local, state, and federal requirements shall be met at all times.
CASE: 2015 -1004
APPLICANT: Columbia Heights Leased Housing Assoc I LLLP
LOCATION: 317 37`" Ave, 3700 5`" St, 450 38`" Ave NE
REQUEST: Preliminary /Final Plat Approval
On behalf of Dominium, Columbia Heights Leased Housing Associates has requested Preliminary and Final
Plat Approval per Code Section 9.104 (L) and (M), for the vacant site located northeast of the 37 Avenue NE.
and University Avenue NE. intersection. The site is currently comprised of three lots of record: 317 371i Avenue
NE., 3700 51i St. NE., and 450 381' Avenue NE. The applicant is proposing to remove the existing lot lines, and
re -plat the property to allow for a senior housing apartment building to be constructed on the site. State Building
Code prevents constructing a new building over a property line. Furthermore, in order to obtain a Certificate of
Occupancy for the property, the lot lines must be removed.
ZONING ORDINANCE
The site is currently comprised of three properties. The three properties are located in the Mixed Use Zoning
District. The properties to the north and east are also located in the Mixed Use Zoning District. The properties
to the east and west are located in the Light Industrial Zoning District, and the properties to the south are
located in the City of Minneapolis.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area for Mixed -Use, Transit Oriented Development. The City's Mixed -Use
Districts allow for residential, commercial, and institutional uses. The City's Comprehensive Plan aims to
enhance the transit connections along University Avenue and to provide additional housing for the projected
aging population. Constructing a senior housing apartment building is consistent with the City's Comprehensive
Plan. The vacant site will be redeveloped to include a four story senior housing building and site improvements
on the parcel which will enhance the pedestrian and transit connections to the surrounding area.
DESIGN GUIDELINES
The subject property is not located in the Design Guideline Overlay District and as such, is not governed by the
Design Guideline standards.
P & Z Minutes
Page 19
Oct. 6, 2015
FINDINGS OF FACT
Section 9.104 (L) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to
grant a Preliminary Plat. They are as follows:
(a) The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115.
This is correct.
(b) The proposed subdivision is consistent with the Comprehensive Plan.
This is correct.
(c) The proposed subdivision contains parcel and land subdivision layout that is consistent with good
planning and site engineering design principles.
This is correct.
Section 9.104 (M) (6) of the Zoning Ordinance outlines two conditions that must be met in order for the City to
grant Final Plat approval. They are as follows:
(a) The Final Plat substantially conforms to the corresponding Preliminary Plat.
This is correct.
(b) The Final Plat conforms to the requirements of City Code Section 9.115.
This is correct.
Staff recommends that the Planning and Zoning Commission approve the proposed Preliminary and Final Plat
request made by Dominium on behalf of Columbia Heights Leased Housing Associates for the properties
located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE.
Questions by members:
Hoium asked who owns the property now. Hogeboom stated that BNC Bank currently owns the property but
Dominium has a Purchase Agreement with them to purchase the remaining property. Hogeboom then told
members that a separate Development Agreement mentioned earlier also goes before the EDA for approval.
Public Hearing Opened.
No one was present to speak further on this matter.
P & Z Minutes
Page 20
Oct 6, 2015
Public Hearing Closed.
Motion by Buesgens, seconded by Hoium, to waive the reading of Resolution No. 2015 -65, there being ample
copies available to the public. All ayes. MOTIONPASSED.
Motion by Hoium, seconded by Buesgens, that the Planning and Zoning Commission recommends the City
Council approve the Preliminary and Final Subdivision Plat for the properties located at 317 37th Avenue NE.,
3700 5th St. NE., and 450 38th 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. All required state and local codes, permits, licenses and inspections will be met and in full compliance.
2. The applicant shall be responsible for the cost offiling and recording written easements with the Anoka
County Recorder's Office.
3. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council
approval. In the event that a Final Plat is not submitted within this time period, the Preliminary Plat will
become void.
4. Upon approval of a Final Plat, the applicant shall be responsible for filing and recording the Final Plat
with the Anoka County Recorder's Office within one year of the date of City Council action. In the event
that a Final Plat is not recorded within this time period, the Final Plat will become void.
Roll Call: All ayes
RESOLUTION NO. 2015-65
A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Preliminary
and Final Plat for Columbia Heights Leased Housing Associates I, LLLP for Huset Park Senior Living
located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE.
Whereas, a proposal (Case # 2015 -1004) has been submitted by Columbia Heights Leased Housing
Associates I, LLLP on behalf of Dominium to the City Council requesting Preliminary and Final Plat
Approval from the City of Columbia Heights at the following site:
ADDRESS: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE.
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING: Preliminary and Final Plat Approval per Code Section 9.104
(L) (M)•
Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on
October 6th, 2015;
P & Z Minutes
Page 21
Oct 6, 2015
Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning
Commission regarding the effect of the proposed Plat 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;
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia
Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
Section 9.104 (L) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City
to grant a Preliminary Plat. They are as follows:
(a) The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115.
(b) The proposed Subdivision is consistent with the Comprehensive Plan.
(c) The proposed Subdivision contains parcel and land subdivision layout that is consistent with good
planning and site engineering design principles.
Section 9.104 (M) (6) of the Zoning Ordinance outlines two conditions that must be met in order for the City
to grant Final Plat approval. They are as follows:
(a) The Final Plat substantially conforms to the corresponding Preliminary Plat.
(b) The Final Plat conforms to the requirements of City Code Section 9.115.
Further, be it resolved, that the attached plans, maps, and other information shall become part of this
Preliminary and Final Plat Approval; and in granting approval the City and the applicant agree that the Plat
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.
CONDITIONS
1. All required state and local codes, permits, licenses and inspections will be met and in full compliance.
2. The applicant shall be responsible for the cost of filing and recording written easements with the
Anoka County Recorder's Office.
3. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council
approval. hi the event that a Final Plat is not submitted within this time period, the Preliminary Plat
will become void.
4. Upon approval of a Final Plat, the applicant shall be responsible for filing and recording the Final Plat
with the Anoka County Recorder's Office within one year of the date of City Council action. In the
event that a Final Plat is not recorded within this time period, the Final Plat will become void.
P & Z Minutes
Page 22
Oct 6, 2015
A. Single Family Home Lot Sales Program
Hogeboom told commission members that the City's Economic Development Authority (EDA) has
created the Single Family Home Lot Sales Program, which was put in place as a mechanism to sell
vacant residential lots that had been acquired by the EDA during the past 10 years. This summer,
multiple builders have expressed interest in acquiring these lots and developing single family homes
on them. Most of the lots that are currently part of the Program are located in the Sheffield
Neighborhood. A map showing the locations of the properties was given to the members.
State Law requires local planning authorities to declare that economic development - related land sales
programs further goals and objectives of the Comprehensive Plan. A copy of the proposed Single
Family Home Lot Sales Program was also given to members for their review.
Staff recommends approval of Resolution No. 2015 -PZ04, finding that the proposed sale of certain
land by the Columbia Heights Economic Development Authority for residential housing purposes is
consistent with the City of Columbia Heights Comprehensive Plan.
Ouestions by members.
Buesgens asked if the houses would be built, then sold, on speculation or would it be required to have
a buyer committed prior to building. Hogeboom said it could go either way. We are not dictating
that. The EDA has established minimum criteria that the new house must meet which would be part
of the agreement with the builder. He also explained there would be a deed restriction requiring the
new owner to live in the home for 10 years. There was discussion about some of the information
provided to the members, summarized as follows:
• The number of trees required - Hogeboom said this is being changed from two to one required
on each lot.
• Will these lots be subject to Park Dedication fees - Hogeboom said they are only paid when a
replatting is done, so no, as these are already platted lots.
• How many more lots does the City own ? - Hogeboom said the City owns some lots for public
purposes, but there may be 15 -20 additional lots that need to be looked at more closely to see
if they could be added to this program.
• Why were the prices so low on the first draft? - Hogeboom stated it was a starting point based
on the scattered site program that began during the housing/economic crisis. He said the
prices will be set by the EDA next Monday, but staff is recommending advertising them for
the EMV which averages about $50,000 /lot.
• Will closing costs be extra? -Joe said they would be included in the price and they usually
range between $1,50043,000.
P & Z Minutes
Page 23
Oct 6, 2015
How will bids be accepted ? -First full price offer we receive will be awarded the sale. If 2 or
more offers come in at the same time that qualify, the sale will go to the highest bidder.
Motion by Hoium, seconded by Buesgens, to approve Resolution PZ -04, as the proposed sale
of certain land by the Columbia Heights Economic Development Authority for residential
housing purposes is consistent with the City of Columbia Heights Comprehensive Plan.
All ayes. MOTIONPASSED.
RESOLUTION NO.2015 -PZ04
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FINDING THAT THE
PROPOSED SALE OF CERTAIN LAND BY THE COLUMBIA HEIGHTS ECONOMIC
DEVELOPMENT AUTHORITY FOR RESIDENTIAL HOUSING PURPOSES IS CONSISTENT
WITH THE CITY OF COLUMBIA HEIGHTS COMPREHENSIVE PLAN
WHEREAS, the Columbia Heights Economic Development Authority (the "Authority ") proposes to convey
certain parcels of real property described in Exhibit A attached hereto (the "Property") located in the City of
Columbia Heights (the City "); and
WHEREAS, the Authority desires to transact the sale of the Property pursuant to its housing and
redevelopment powers, in order to facilitate the development of safe and sanitary housing within the City; and
WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the Planning and Zoning Commission to
review the proposed acquisition or disposal of publicly -owned real property within the City prior to its
acquisition or disposal, to determine whether in the opinion of the Planning and Zoning Commission, such
acquisition or disposal is consistent with the comprehensive municipal plan; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed conveyance of the Property,
and has determined that the Property is located in an area designated for residential housing within the City's
comprehensive plan, and that furthermore such conveyance will help realize the following Housing Goals
provided within the comprehensive plan:
- Preserve and expand the single- family neighborhoods as the community's strongest asset.
Advocate housing efforts that attract and retain residents, especially young families.
NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of
Columbia Heights, that the sale of the Property by the Authority is consistent with the City's comprehensive
municipal plan, and will promote the development of safe and sanitary housing within the City.
BE IT FURTHER RESOLVED that this resolution be communicated to the Board of Commissioners of the
Columbia Heights Economic Development Authority.
P & Z Minutes
Page 24
Oct 6, 2015
Adopted this 6'h day of October, 2015
Motion:
Hoium
Seconded:
Buesgens
All ayes.
B. Auto Related Uses, Moratorium Update
Holmbeck stated this matter was brought to the City Council at a recent work session. They seemed
receptive to considering a moratorium. Once the areas affected are determined, an Ordinance will be
prepared and go before the City Council during the next month.
The meeting was adjourned at 8:25 pm.
Respectfully submitted,
Shelley Hanson
Secretary
COLUMBIA
Cat HEIGHTS
CITY OF COLUMBIA HEIGHTS
PLANNING AND ZONING COMMISSION
PLANNING REPORT
CASE NUMBER: 2015 -1101
DATE:
October 27, 2015
TO:
Columbia Heights Planning and Zoning Commission
APPLICANT:
John Holmberg
LOCATION:
42242 nd Street NE., Columbia Heights, MN 55421
REQUEST:
Variance
PREPARED BY:
Elizabeth Holmbeck, City Planner
INTRODUCTION
At this time, John Holmberg is requesting a Variance for a proposed accessory structure
(garage) at the property located at 4224 2nd St. NE. The Variance request is for the following
deviations from City Code:
1. Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure to be located to the
side of the principal structure, rather than behind the building line. City Code requires
that detached accessory structures be located behind the principal structure building
line.
2. Waiver to Section 9.106 (C) (1) (e)- allowing the combination of accessory structures to
exceed the maximum allowed square footage by 8 square feet. City Code allows for a
maximum of 1,000 square feet in area, for accessory structures. The applicant is
proposing to have two accessory structures on the lot, with a combination of 1,008
square feet in area.
3. Waiver to Section 9.106 (C) (1) (f)- allowing an accessory structure to exceed the
maximum allowed height by 2 feet and 7 inches. City Code requires that accessory
structures do not exceed 18 feet in height. The proposed garage height is 20' 7 ".
ZONING ORDINANCE
The property is located in the R -2A, One and Two Family Residential Zoning District. The
properties to the north, south, east and west are also located in the R -2A, One and Two family
Residential Zoning District. The properties to the southeast are located in the R -2B, Built as
Duplexes Zoning District.
4224 2 nd St. NE.
City of Columbia Heights Planning and Zoning Commission November 4, 2015
Planning Report Page 2
COMPREHENSIVE PLAN
The Comprehensive Plan designates this area for low density residential. Being that the
proposed accessory structure would be for the existing house on the property, the Variance
request is consistent with the types of uses guided for this area.
FINDINGS OF FACT
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 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.
The applicant's property is a larger parcel when compared to many of the lots in
Columbia Heights. The parcel is comprised of three 40 foot lots, and one 20 foot lot.
The lots were previously combined at some time in the past. In order to keep the
existing garage and utilize the alley for access to the new garage, the applicant is
proposing to build the garage in the backyard, but off to the side of the existing
house. Currently, there would not be enough room to keep the existing garage and
add an additional garage behind the building line of the home.
The applicant has stated that the house on the property is small, and as such, poses
difficulties in terms of storage on the property. The previous owner had built a
carport attached to the existing garage and two additional sheds on the parcel. The
applicant is proposing to take down these structures. The original garage would be
kept on the property, directly behind the house, and the new garage would be
constructed in the backyard, off to the side of the home. According to the applicant,
the height and square footage Variance requests, will allow the property owner to
maximize storage on the property.
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 majority of the lots in Columbia Heights range from 40, 50 and
60 feet in width. The subject property's dimensions are 140 X 130 with total of
18,200 square feet. The majority of the lots throughout the City are on average,
between 5,200 and 9,100 total square feet. The subject property is well over double
the total square footage of a typical lot in Columbia Heights.
C) 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.
This is correct.
City of Columbia Heights Planning and Zoning Commission
Planning Report
November 4, 2015
Page 3
d) The granting of the Variance is in harmony with the general purpose and intent of
the Comprehensive Plan.
This is correct. The Comprehensive Plan designates this property as low density
residential. The applicant is proposing a modern garage for the existing single family
home.
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. The granting of the variances should not be materially detrimental to
the public welfare or the use of the properties in the vicinity. Additionally, since the
public hearing notices were sent out to the neighboring properties within 350 feet of
the subject property, and posted in the local paper, there have been no concerns
brought forth at this time.
RECOMMENDATION
Staff recommends approval of the Variances for an accessory structure, to be located at 4224
2nd Street NE.
Motion: Move to close the public hearing and waive the reading of Resolution 2015 -89, there
being ample copies available to the public.
Motion: The Planning Commission recommends that the City Council approve the Resolution
No. 2015 -89 approving Variances for the property located at 4224 2nd Street NE.,
1. Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure to be located to the
side of the principal structure, rather than behind the building line. City Code requires
that detached accessory structures be located behind the principal stricture building
line.
2. Waiver to Section 9.106 (C) (1) (e)- allowing the combination of accessory structures to
exceed the maximum allowed square footage by 8 square feet. City Code allows for a
maximum of 1,000 square feet in area, for accessory structures. The applicant is
proposing to have two accessory structures on the lot, with a combination of 1,008
square feet in area.
3. Waiver to Section 9.106 (C) (1) (f)- allowing an accessory structure to exceed the
maximum allowed height by 2 feet and 7 inches. City Code requires that accessory
structures do not exceed 18 feet in height. The proposed garage height is 20' 7 ".
City of Columbia Heights Planning and Zoning Commission November 4, 2015
Planning Report Page 4
ATTACHMENTS
RESOLUTION NO. 2015 -89
Application
Applicant's Narrative
Location Maps
Garage Plans
Survey: Existing Conditions
Survey: Proposed Conditions
RESOLUTION NO. 2015-89
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR 4224 2ND STREET NE.
WHEREAS, a proposal (Case # 2015 -1101) has been submitted by John Holmberg to the City
Council requesting a Variance from the City of Columbia Heights Zoning Code at the following
site:
ADDRESS: 4224 2nd Street NE.
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
1. Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure to be located to
the side of the principal structure, rather than behind the building line. City Code
requires that detached accessory structures be located behind the principal
structure building line.
2. Waiver to Section 9.106 (C) (1) (e)- allowing the combination of accessory structures
to exceed the maximum allowed square footage by 8 square feet. City Code allows for a
maximum of 1,000 square feet in area, for accessory structures. The applicant is
proposing to have two accessory structures on the lot, with a combination of 1,008
square feet in area.
3. Waiver to Section 9.106 (C) (1) (f)- allowing an accessory structure to exceed the
maximum allowed height by 2 feet and 7 inches. City Code requires that accessory
structures do not exceed 18 feet in height. The proposed garage height is 20' 7 ".
WHEREAS, the Planning and Zoning Commission has held a public hearing as required by the
City Zoning Code on November 4`h, 2015;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
and Zoning 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.
Passed this 9`" day of November, 2015.
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Nancy Becker
Council Secretary Pro Tem
CITY OF COLUMBIA HEIGHTS
VARIANCE APPLICATION
To be filled out by City:
CASE NO.:
APPLICABLE ORDINANCE NO.: 9.104 (G)
PRESENT ZONING:
PRESENT LAND USE PLAN DESIGNATION:
DATE RECEIVED:
DATE OF LETTER OF COMPLETION:
APPROVAL DATE PER STATUTE:
REVIEW PERIOD EXTENDED:
To be filled out by Applicant:
PROPOSED NAME OF DEVELOPMENT:
PROJECT ADDRESS /LOCATION: 4 2Z u Z" —� S }. U
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LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary):
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PRESENT USE OF PROPERTY:
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PROPOSED USE OF PROPERTY:
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REASON FOR REQUEST (Please attach a written narrative describing the variance being requested. The
narrative should fully explain the hardships) that justifies variation from the strict application of the Code. The
terms `hardship" or `undue hardship" typically refer to physical characteristics of the property, such as shape,
soil conditions, or topography. Neither mere inconvenience, nor reduction in value alone, is sufficient to justify
a variance. The inability to put property to its highest and best use is not considered a hardship or practical
diff=iculty. The problem that justifies the variance must be caused by conditions unique to the property and
beyond the control of the applicant. The applicant cannot create the condition that requires the variance.)
APPLICANT John RoImbtr^ PHONE W2�233•34 FAX 1.0- 333 -1910
E -MAIL lohnhe(m�ievJ20106'- TMai1,WvPAGER
ADDRESS `i L 2 q Z "—`� S fi iV e
CITY CALkvAbtek Hei ap t3
FEE OWNER OF PROPERTY
ADDRESS
CITY
STATE
PHONE
STATE
Page 1 of 2
CELL #
ZIP CJ 5 qZ
FAX
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CITY OF COLUMBIA HEIGHTS
VARIANCE APPLICATION
THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF
APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED.
ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION
A. Application Checklist
B. Schedule of Planning and Zoning Commission Meetings
ITEMS TO ACCOMPANY VARIANCE APPLICATION
A. Submittals as required in the attached application checklist, describing the variance(s) proposed.
B. Two copies of a list of property owners within 350 feet of the subject property.
APPLICATION FEES:
A. $200 Variance Fee
TOTAL AMOUNT RECEIVED
2bD
CITY RECEIPT NUMBER (o �RQY) DATE RECEIVED 10 —Gl —1 S
Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of
inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true
and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia
Heights and the State of Minnesota:
SIGNATURE
[71
PROPERTY OWNER SIGNATURE (If different from Applicant) DATE
COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE
Revised 2005 Approved by the Columbia Heights Planning Commission on
Approved by the Columbia Heights City Council on
Page 2 of 2
Holmberg Garage Project Hardship Statement
This application includes 3 variance requests:
1. 207" height, increase of 27" above 18' per code;
2. 1008 square feet, increase of 8' above 1000 square foot per code;
3. placement of new garage not directly behind principal structure as per code.
We would like to build a garage on a 26'x28' slab. Our yard size is 140'x130' which is a
combination of 3 1/2 lots. There are a number of mature trees that will remain in place.
Currently on our property there is a house built in 1921 and a 14' wide single stall detached
garage with a short a 66" garage door and 2 additions with a basement and carpit. In
addition there are 2 sheds and a carport. The house itself has very limited area for storage. The
basement and upper floor have limited accessibility due to the steep winding stairways
without landings and lower than today's standard headroom. The proposed garage height is
well under the height of the house which stands at 23'9" and 1,213 finished square feet.
At this time we propose to build a new garage to modernize the storage capacity at the
property at the same time as reducing the number of accessory structures from 4 to 2. The
new garage will be built in the same manner and style as the house.*
Variance Request No.1: The additional 27" of height will allow a full height room to
maximize the capacity while maintaining the footprint.
Variance Request No. 2: Plans call for an even 28 foot width rather than 27 foot but results
in a addition of 8 feet above the total per Code.
Variance Request No. 3: Place new garage in position that is behind, but to the side of,
principal structure as required per Code.
Finally, we will dismantle the 2 sheds, 2 workshop additions, basement, carpit and carport
once the new garage is erected. We intend to keep the single stall garage, minus the
additions. The mature trees will not be disturbed and will become centerpieces of the
future landscape updates.
We respectfully request these variances be granted. Thank you.
John and Mary Holmberg
42242 nd St. NE
Columbia Heights, MN 55421
* As it stands, the house roof structure is deficient. We intend to update the roof with
an engineered truss system. The truss system will span the perimeter, allow for an
updated floor plan and alleviate the stress on the entire structure that is currently caused
by inadequately designed interior bearing walls.
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CH COLUMIA EIGHTS-
REDISCOVER THE HEIGHTS
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: October 29, 2015
TO: Columbia Heights Planning and Zoning Commission
FROM: Elizabeth Holmbeck, City Planner
RE: Auto Use Moratorium, Ordinance No. 1622
This past August, the Planning and Zoning Commission requested that staff pursue a
moratorium on all auto related uses along the Central Avenue Corridor. Staff brought this
request before the City Council at the September 8`h, Council Work Session. At the meeting,
staff relayed the Planning and Zoning Commission's concerns about the high number of auto
related businesses in the City. Ultimately, the City Council decided to entertain the moratorium.
Under the direction of the City Council, staff will pursue a moratorium on all auto related uses
throughout the City of Columbia Heights. Ordinance No. 1622 (attached) will go before the City
Council on November 9th, and November 23", 2015. If the Ordinance is approved, the
moratorium would last for 6 months, and can be extended if further time is necessary. During
the 6 month moratorium, staff will complete a study assessing the need for an amendment or
any addition to the Zoning Ordinance as it pertains to auto related uses.
Attachments
1. Ordinance No. 1622
Auto Use Moratorium, Ordinance 1622
ORDINANCE NO. 1622
BEING AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON AUTO RELATED
BUSINESSES PENDING COMPLETION OF A PLANNING STUDY ASSESSING THE NEED FOR
AN AMENDMENT TO THE CITY OF COLUMBIA HEIGHTS' OFFICIAL CONTROLS
Section 1:
WHEREAS, the City Council has considered the recommendation of the Planning and
Zoning Commission to impose a moratorium on all new auto related uses under
consideration; and
WHEREAS, auto related uses would be defined as any use of land relating to new and
used auto sales, the lease of autos, major and minor auto repair, auto detailing and
cleaning, auto body work and any auto reduction yard; and
WHEREAS, the City Council maintains that the City of Columbia Heights is adequately
served by a number of auto related uses throughout the City; and
WHEREAS, to protect the health, safety and welfare of the citizens of Columbia Heights,
City staff must study the need for amendments or additions to the City's official controls
to address auto related uses.
Section 2:
The City of Columbia Heights does ordain:
A moratorium shall be placed on any new auto related use throughout the entire city.
For the duration stated herein and until the City has completed a study of the need for
amendments or additions to the City's official controls to protect the public health,
safety and welfare, the City shall not accept, issue or process any application for use of
real property anywhere in the City for the purpose of an auto related use.
This moratorium shall apply, without limitation, to comprehensive land use plan
amendments, requests for rezoning, subdivisions, variances, conditional use permits,
site plan review applications and building permits for the construction or operation of
all auto related uses.
During the period of this moratorium, City staff will conduct a study of the official
controls, including appropriate permitting, licensing, land use controls and development
standards that may need to be adopted or revised to protect the public health, safety
and welfare of the citizens.
Section 3:
This ordinance shall be in full force and effect from and after 30 days after its passage,
and without further action from the City Council, throughout six months from its
effective date.
The duration of the moratorium established under this Section may be extended by
adoption of an amendment hereto for a total time not to exceed the limits set forth in
Minnesota Statutes Section 462.355, subd. 4, as amended from time to time.
First Reading: November 9, 2015
Offered by:
Seconded by:
Roll Call:
Second Reading: November 23, 2015
Offered by:
Seconded by:
Roll Call:
Date of Passage:
Mayor Gary L. Peterson
Attest:
Nancy Becker
Council Secretary Pro Tern
CH - HEIGHBTS-
REDISCOVER THE HEIGHTS
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: October 30, 2015
TO: City of Columbia Heights Planning and Zoning Commission
FROM: Elizabeth Holmbeck, City Planner
RE: Floodplain Ordinance Update, Ordinance 1623
Under the direction of the Federal Emergency Management Agency (FEMA) and the Minnesota
Department of Natural Resources ( MNDNR), Cities throughout Anoka County are tasked to
update their floodplain ordinances to incorporate new countywide Flood Insurance Rate Maps
(FIRM). These maps will become effective December 16th, 2015. The City current ordinance as it
relates to floodplain management, dates from 1993.
Since 2005, FEMA has added some new required language, and the MNDNR has made revisions
to the State's model ordinances. Ordinance No. 1623 (attached) includes the required updates
and must be adopted by the City Council. This ordinance will amend Section 9.113 (B) of the
Zoning Ordinance. The new countywide Flood Insurance Rate Maps are available to view at City
Hall during regular business hours.
For further questions regarding this ordinance amendment, please contact Ceil Strauss,
Floodplain Manager for the MNDNR, at (651) 259 -5713 or at ceil.straussC@state.mn.us.
Attachments
1. Ordinance No. 1623
Floodplain Ordinance Update, Ordinance No. 1623
ORDINANCE NO. 1623
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING
TO THE FLOODPLAIN MANAGEMENT OVERLAY DISTRICT REQUIREMENTS WITHIN THE
CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain:
Section 1: Chapter 9, Article I, Section 9.113 (B), City Code of 2005, as it currently
reads, is hereby amended.
Section 2: Chapter 9, Article I, Section 9.113 (B), City Code of 2005, shall hereafter
read as follows, to wit:
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
1.1 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota
Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government
units to adopt regulations designed to minimize flood losses. Therefore, the City Council of
Columbia Heights, Minnesota, does ordain as follows.
1.2 Purpose:
1.21 This ordinance regulates development in the flood hazard areas of Columbia Heights,
Minnesota. These flood hazard areas are subject to periodic inundation, which may
result in loss of life and property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures for flood protection
and relief, and impairment of the tax base. It is the purpose of this ordinance to
promote the public health, safety, and general welfare by minimizing these losses
and disruptions.
1.22 National Flood Insurance Program Compliance. This ordinance is adopted to comply
with the rules and regulations of the National Flood Insurance Program codified as 44
Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the
community's eligibility in the National Flood Insurance Program.
1.23 This ordinance is also intended to preserve the natural characteristics and functions
of watercourses and floodplains in order to moderate flood and storm water
impacts, improve water quality, reduce soil erosion, protect aquatic and riparian
habitat, provide recreational opportunities, provide aesthetic benefits and enhance
community and economic development.
SECTION 2.0 GENERAL PROVISIONS
2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to
Columbia Heights and includes three floodplain districts: Floodway, Flood Fringe, and
General Floodplain.
2.11 Where Floodway and Flood Fringe districts are delineated on the floodplain maps,
the standards in Sections 4 or 5 will apply, depending on the location of a property.
2.12 Locations where Floodway and Flood Fringe districts are not delineated on the
floodplain maps are considered to fall within the General Floodplain district. Within
the General Floodplain district, the Floodway District standards in Section 4 apply
unless the floodway boundary is determined, according to the process outlined in
Section 6. Once the floodway boundary is determined, the Flood Fringe District
standards in Section 5 may apply outside the floodway.
2.2 Lands to Which Ordinance Applies: This ordinance applies to all lands within the
jurisdiction of the City of Columbia Heights shown on the Official Zoning Map and /or the
attachments to the map as being located within the boundaries of the Floodway, Flood
Fringe, or General Floodplain Districts.
2.21 The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that
are superimposed on all existing zoning districts. The standards imposed in the
overlay districts are in addition to any other requirements in this ordinance. In case
of a conflict, the more restrictive standards will apply.
2.3 Incorporation of Maps by Reference: The following maps together with all attached
material are hereby adopted by reference and declared to be a part of the Official Zoning
Map and this ordinance. The attached material includes the Flood Insurance Study for
Anoka County, Minnesota, and Incorporated Areas and the Flood Insurance Rate Map
enumerated below, all dated December 16, 2015 and all prepared by the Federal Emergency
Management Agency. These materials are on file in the Office of the City Planner.
• 27003C0384E
• 27003C0392E
• 27003C0403E
• 27003C0411E
2.4 Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE) is
an elevation no lower than one foot above the elevation of the regional flood plus any
increases in flood elevation caused by encroachments on the floodplain that result from
designation of a floodway.
2.5 Interpretation: The boundaries of the zoning districts are determined by scaling distances
on the Flood Insurance Rate Map.
2.51 Where a conflict exists between the floodplain limits illustrated on the official zoning
map and actual field conditions, the flood elevations shall be the governing factor.
The Zoning Administrator must interpret the boundary location based on the ground
elevations that existed on the site on the date of the first National Flood Insurance
Program map showing the area within the regulatory floodplain, and other available
technical data.
2.52 Persons contesting the location of the district boundaries will be given a reasonable
opportunity to present their case to the Board of Adjustment and to submit technical
evidence.
2.6 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal,
abrogate, or impair any existing easements, covenants, or other private agreements.
However, where this ordinance imposes greater restrictions, the provisions of this ordinance
prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the
extent of the inconsistency only.
2.7 Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the
floodplain districts or land uses permitted within such districts will be free from flooding or
flood damages. This ordinance does not create liability on the part of the City of Columbia
Heights or its officers or employees for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made hereunder.
2.8 Severability: If any section, clause, provision, or portion of this ordinance is adjudged
unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be
affected and shall remain in full force.
2.9 Definitions: Unless specifically defined below, words or phrases used in this ordinance must
be interpreted according to common usage and so as to give this ordinance its most
reasonable application.
2.911 Accessory Use or Structure — a use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
2.912 Base Flood Elevation —The elevation of the "regional flood." The term "base flood
elevation" is used in the flood insurance survey.
2.913 Basement— any area of a structure, including crawl spaces, having its floor or base
subgrade (below ground level) on all four sides, regardless of the depth of excavation
below ground level.
2.914 Conditional Use — a specific type of structure or land use listed in the official control
that may be allowed but only after an in -depth review procedure and with
appropriate conditions or restrictions as provided in the official zoning controls or
building codes and upon a finding that:
(a) Certain conditions as detailed in the zoning ordinance exist.
(b) The structure and /or land use conform to the comprehensive land use plan
if one exists and are compatible with the existing neighborhood.
2.915 Critical Facilities — facilities necessary to a community's public health and safety,
those that store or produce highly volatile, toxic or water - reactive materials, and
those that house occupants that may be insufficiently mobile to avoid loss of life or
injury. Examples of critical facilities include hospitals, correctional facilities, schools,
daycare facilities, nursing homes, fire and police stations, wastewater treatment
facilities, public electric utilities, water plants, fuel storage facilities, and waste
handling and storage facilities.
2.916 Development — any manmade change to improved or unimproved real estate,
including buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials.
2.917 Equal Degree of Encroachment — a method of determining the location of floodway
boundaries so that floodplain lands on both sides of a stream are capable of
conveying a proportionate share of flood flows.
,2.918 Farm Fence —A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a) -(d). An
open type fence of posts and wire is not considered to be a structure under this
ordinance. Fences that have the potential to obstruct flood flows, such as chain link
fences and rigid walls, are regulated as structures under this ordinance.
2.919 Flood — a temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
2.920 Flood Frequency — the frequency for which it is expected that a specific flood stage
or discharge may be equaled or exceeded.
2.921 Flood Fringe — that portion of the floodplain outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in the Flood Insurance Study for
Anoka County, Minnesota.
2.922 Flood Prone Area —any land susceptible to being inundated by water from any
source (see "Flood ").
2.923 Floodplain —the beds proper and the areas adjoining a wetland, lake or watercourse
which have been or hereafter may be covered by the regional flood.
2.924 Floodproofing — a combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or
elimination of flood damages.
2.925 Floodway —the bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining floodplain which are reasonably required to carry or store
the regional flood discharge.
2.926 Lowest Floor— the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building
access, or storage in an area other than a basement area, is not considered a
building's lowest floor.
2.927 Manufactured Home — a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home'
does not include the term "recreational vehicle."
2.928 Obstruction —any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting into any channel,
watercourse, or regulatory floodplain which may impede, retard, or change the
direction of the flow of water, either in itself or by catching or collecting debris
carried by such water.
2.929 One Hundred Year Floodplain — lands inundated by the "Regional Flood" (see
definition).
2.930 Principal Use or Structure —all uses or structures that are not accessory uses or
structures.
2.931 Reach — a hydraulic engineering term to describe a longitudinal segment of a stream
or river influenced by a natural or man -made obstruction. In an urban area, the
segment of a stream or river between two consecutive bridge crossings would most
typically constitute a reach.
2.932 Recreational Vehicle — a vehicle that is built on a single chassis, is 400 square feet or
less when measured at the largest horizontal projection, is designed to be self -
propelled or permanently towable by a light duty truck, and is designed primarily not
for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use. For the purposes of this ordinance, the term
recreational vehicle is synonymous with the term "travel trailer /travel vehicle."
2.933 Regional Flood — a flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 1% chance or
100 -year recurrence interval. Regional flood is synonymous with the term "base
flood" used in a flood insurance study.
2.934 Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot
above the elevation of the regional flood plus any increases in flood elevation caused
by encroachments on the floodplain that result from designation of a floodway.
2.935 Repetitive Loss: Flood related damages sustained by a structure on two separate
occasions during a ten year period for which the cost of repairs at the time of each
such flood event on the average equals or exceeds 25% of the market value of the
structure before the damage occurred.
2.936 Special Flood Hazard Area — a term used for flood insurance purposes synonymous
with "One Hundred Year Floodplain."
2.937 Structure - anything constructed or erected on the ground or attached to the ground
or on -site utilities, including, but not limited to, buildings, factories, sheds, detached
garages, cabins, manufactured homes, recreational vehicles not meeting the
exemption criteria specified in Section 9.22 of this ordinance and other similar items.
2.938 Substantial Damage - means damage of any origin sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
2.939 Substantial Improvement - within any consecutive 365 -day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair after
damage, addition, or other improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures that have incurred
"substantial damage," regardless of the actual repair work performed. The term
does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state
or local health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary to
assure safe living conditions.
(b) Any alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as a "historic structure." For the
purpose of this ordinance, "historic structure" is as defined in 44 Code of Federal
Regulations, Part 59.1.
2.10. Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 2.3
above may include floodplain areas that lie outside of the corporate boundaries of the City
of Columbia Heights at the time of adoption of this ordinance. If any of these floodplain
land areas are annexed into the City after the date of adoption of this ordinance, the newly
annexed floodplain lands will be subject to the provisions of this ordinance immediately
upon the date of annexation.
SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS
3.1 Districts:
3.11 Floodway District. The Floodway District includes those areas designated as
floodway on the Flood Insurance Rate Map adopted in Section 2.3. For lakes,
wetlands and other basins, the Floodway District includes those areas designated as
Zone A on the Flood Insurance Rate Map that are at or below the ordinary high water
level as defined in Minnesota Statutes, Section 103G.005, subdivision 14.
3.12 Flood Fringe District. The Flood Fringe District includes those areas designated as
floodway fringe on the Flood Insurance Rate Map adopted in Section 2.3, as being
within Zone AE but being located outside of the floodway. For lakes, wetlands and
other basins (that do not have a floodway designated), the Flood Fringe District
includes those areas designated as Zone A on the Flood Insurance Rate Map panels
adopted in Section 2.3 that are below the 1% annual chance (100 -year) flood
elevation but above the ordinary high water level as defined in Minnesota Statutes,
Section 103G.005, subdivision 14.
3.13 General Floodplain District. The General Floodplain District includes those areas
designated as Zone A or Zone AE without a floodway on the Flood Insurance Rate
Map adopted in Section 2.3, but not subject to the criteria in sections 3.11 and 3.12
above.
3.2 Compliance: Within the floodplain districts established in this ordinance, the use of any
land, the use, size, type and location of structures on lots, the installation and maintenance
of transportation, utility, water supply and waste treatment facilities, and the subdivision of
land must comply with the terms of this ordinance and other applicable regulations. All
uses not listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0,
respectively, are prohibited.
In addition, a caution is provided here that:
3.21 New and replacement manufactured homes and certain recreational vehicles are
subject to the general provisions of this ordinance and specifically Section 9.0.
3.22 Modifications, additions, structural alterations, normal maintenance and repair, or
repair after damage to existing nonconforming structures and nonconforming uses of
structures or land are regulated by the general provisions of this ordinance and
specifically Section 11.0.
3.23 All structures must be constructed with electrical, heating, ventilation, plumbing, and
air conditioning equipment and other service facilities that are designed and /or
located so as to prevent water from entering or accumulating within the components
during conditions of flooding.
3.24 As -built elevations for elevated or floodproofed structures must be certified by
ground surveys and flood - proofing techniques must be designed and certified by a
registered professional engineer or architect as specified in the general provisions of
this ordinance and specifically as stated in Section 10.0 of this ordinance.
3.25 Critical facilities, as defined in Section 2.915, are prohibited in all floodplain districts.
SECTION 4.0 FLOODWAY DISTRICT (FW)
4.1 Permitted Uses: The following uses, subject to the standards set forth in Section 4.2, are
permitted uses if otherwise allowed in the underlying zoning district or any applicable
overlay district:
4.11 General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming, and wild crop harvesting.
4.12 Industrial - commercial loading areas, parking areas, and airport landing strips.
4.13 Open space uses, including but not limited to private and public golf courses, tennis
courts, driving ranges, archery ranges, picnic grounds, boat launching ramps,
swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, hunting and fishing areas, and single or multiple purpose
recreational trails.
4.14 Residential lawns, gardens, parking areas, and play areas.
4.15 Railroads, streets, bridges, utility transmission lines and pipelines, provided that the
Department of Natural Resources' Area Hydrologist is notified at least ten days prior
to issuance of any permit, and that the standards in Sections 4.41, 4.43(a) and 4.46 of
this ordinance are met.
4.2 Standards for Floodway Permitted Uses:
4.21 The use must have a low flood damage potential.
4.22 With the exception of the uses listed in Section 4.15, the use must not obstruct flood
flows or increase flood elevations and must not involve structures, fill, obstructions,
excavations or storage of materials or equipment.
4.23 Any facility that will be used by employees or the general public must be designed
with a flood warning system that provides adequate time for evacuation if the area is
inundated to a depth and velocity such that the depth (in feet) multiplied by the
velocity (in feet per second) would exceed a product of four upon occurrence of the
regional (1% chance) flood.
4.3 Conditional Uses: The following uses may be allowed as conditional uses following the
standards and procedures set forth in Section 10.4 of this ordinance and further subject to
the standards set forth in Section 4.4, if otherwise allowed in the underlying zoning district
or any applicable overlay district.
4.31 Structures accessory to the uses listed in 4.1 above and the uses listed in 4.32 - 4.37
below.
4.32 Extraction and storage of sand, gravel, and other materials.
4.33 Marinas, boat rentals, docks, piers, wharves, and water control structures.
4.34 Storage yards for equipment, machinery, or materials.
4.35 Placement of fill or construction of fences that obstruct flood flows. Farm fences, as
defined in section 2.918, are permitted uses.
4.36 Travel -ready recreational vehicles meeting the exception standards in Section 9.3.
4.37 Levees or dikes intended to protect agricultural crops for a frequency flood event
equal to or less than the 10 -year frequency flood event.
4.4 Standards for Floodway Conditional Uses:
4.41 All Uses. A conditional use must not cause any increase in the stage of the 1% chance
or regional flood or cause an increase in flood damages in the reach or reaches
affected.
4.42 Fill; Storage of Materials and Equipment:
(a) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
(b) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain
must be protected from erosion by vegetative cover, mulching, riprap or other
acceptable method. Permanent sand and gravel operations and similar uses must
be covered by a long -term site development plan.
(c) Temporary placement of fill, other materials, or equipment which would cause an
increase to the stage of the 1% percent chance or regional flood may only be
allowed if the City Council has approved a plan that assures removal of the
materials from the floodway based upon the flood warning time available.
4.43 Accessory Structures:
(a) Accessory structures must not be designed for human habitation.
(b) Accessory structures, if permitted, must be constructed and placed on the
building site so as to offer the minimum obstruction to the flow of flood waters:
(1) Whenever possible, structures must be constructed with the longitudinal axis
parallel to the direction of flood flow; and
(2) So far as practicable, structures must be placed approximately on the same
flood flow lines as those of adjoining structures.
(c) Accessory structures must be elevated on fill or structurally dry floodproofed in
accordance with the FP -1 or FP -2 floodproofing classifications in the State
Building Code. All floodproofed accessory structures must meet the following
additional standards:
(1) The structure must be adequately anchored to prevent flotation, collapse or
lateral movement and designed to equalize hydrostatic flood forces on
exterior walls; and
(2) Any mechanical and utility equipment in the structure must be elevated to or
above the regulatory flood protection elevation or properly floodproofed.
(d) As an alternative, an accessory structure may be internally /wet floodproofed to
the FP -3 or FP -4 floodproofing classifications in the State Building Code, provided
the accessory structure constitutes a minimal investment and does not exceed
576 square feet in size. A detached garage may only be used for parking of
vehicles and limited storage. All structures must meet the following standards:
(1) To allow for the equalization of hydrostatic pressure, there must be a
minimum of two "automatic" openings in the outside walls of the structure,
with a total net area of not less than one square inch for every square foot of
enclosed area subject to flooding; and
(2) There must be openings on at least two sides of the structure and the bottom
of all openings must be no higher than one foot above the lowest adjacent
grade to the structure. Using human intervention to open a garage door
prior to flooding will not satisfy this requirement for automatic openings.
4.44 Structural works for flood control that will change the course, current or cross section
of protected wetlands or public waters are subject to the provisions of Minnesota
Statutes, Section 103G.245.
4.45 A levee, dike or floodwal constructed in the floodway must not cause an increase to
the 1% chance or regional flood. The technical analysis must assume equal
conveyance or storage loss on both sides of a stream.
4.46 Floodway developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
SECTION 5.0 FLOOD FRINGE DISTRICT (FF)
5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the
underlying zoning district(s) that comply with the standards in Sections 5.2. If no pre-
existing, underlying zoning districts exist, then any residential or nonresidential structure or
use of a structure or land is a permitted use provided it does not constitute a public
nuisance.
5.2 Standards for Flood Fringe Permitted Uses:
5.21 All structures, including accessory structures, must be elevated on fill so that the
lowest floor, as defined, is at or above the regulatory flood protection elevation. The
finished fill elevation for structures must be no lower than one foot below the
regulatory flood protection elevation and the fill must extend at the same elevation at
least 15 feet beyond the outside limits of the structure.
(a) All service utilities, including ductwork, must be elevated or water -tight to
prevent infiltration of floodwaters.
(b) As an alternative to elevation on fill, an accessory structure that constitutes a
minimal investment and that does not exceed 576 square feet in size may be
internally floodproofed in accordance with Section 4.43.
5.22 The cumulative placement of fill or similar material on a parcel must not exceed 1,000
cubic yards, unless the fill is specifically intended to elevate a structure in accordance
with Section 5.21 of this ordinance, or if allowed as a conditional use under Section
5.33 below.
5.23 The storage of any materials or equipment must be elevated on fill to the regulatory
flood protection elevation.
5.24 The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
5.25 Fill must be properly compacted and the slopes must be properly protected by the
use of riprap, vegetative cover or other acceptable method.
5.26 All new principal structures must have vehicular access at or above an elevation not
more than two feet below the regulatory flood protection elevation, or must have a
flood warning /emergency evacuation plan acceptable to the City Council.
5.27 Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation
lower than the regulatory flood protection elevation. However, any facilities used by
employees or the general public must be designed with a flood warning system that
provides adequate time for evacuation if the area is inundated to a depth and velocity
such that the depth (in feet) multiplied by the velocity (in feet per second) would
exceed a product of four upon occurrence of the regional (1% chance) flood.
5.28 Interference with normal manufacturing /industrial plant operations must be
minimized, especially along streams having protracted flood durations. In considering
permit applications, due consideration must be given to the needs of industries with
operations that require a floodplain location.
5.29 Flood fringe developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
5.30 Manufactured homes and recreational vehicles must meet the standards of Section 9
of this ordinance.
5.3 Conditional Uses: The following uses and activities may be allowed as conditional uses, if
allowed in the underlying zoning district(s) or any applicable overlay district, following the
procedures in Section 10.4 of this ordinance. Conditional uses must meet the standards in
Sections 5.24 through 5.30 and Section 5.4.
5.31 Any structure that is not elevated on fill or floodproofed in accordance with Section
5.21 of this ordinance.
5.32 Storage of any material or equipment below the regulatory flood protection
elevation.
5.33 The cumulative placement of more than 1,000 cubic yards of fill when the fill is not
being used to elevate a structure in accordance with Section 5.21 of this ordinance.
5.4 Standards for Flood Fringe Conditional Uses:
5.41 The standards listed in Sections 5.24 through 5.30 apply to all conditional uses.
5.42 Basements, as defined by Section 2.913 of this ordinance, are subject to the
following:
(a) Residential basement construction is not allowed below the regulatory flood
protection elevation.
(b) Non - residential basements may be allowed below the regulatory flood protection
elevation provided the basement is structurally dry floodproofed in accordance
with Section 5.44 of this ordinance.
5.43 All areas of nonresidential structures, including basements, to be placed below the
regulatory flood protection elevation must be floodproofed in accordance with the
structurally dry floodproofing classifications in the State Building Code. Structurally
dry floodproofing must meet the FP -1 or FP -2 floodproofing classification in the State
Building Code, which requires making the structure watertight with the walls
substantially impermeable to the passage of water and with structural components
capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
Structures wet floodproofed to the FP -3 or FP -4 classification are not permitted.
5.44 The placement of more than 1,000 cubic yards of fill or other similar material on a
parcel (other than for the purpose of elevating a structure to the regulatory flood
protection elevation) must comply with an approved erosion /sedimentation control
plan.
(a) The plan must clearly specify methods to be used to stabilize the fill on site for a
flood event at a minimum of the regional (1% chance) flood event.
(b) The plan must be prepared and certified by a registered professional engineer or
other qualified individual acceptable to the City Council.
(c) The plan may incorporate alternative procedures for removal of the material
from the floodplain if adequate flood warning time exists.
5.45 Storage of materials and equipment below the regulatory flood protection elevation
must comply with an approved emergency plan providing for removal of such
materials within the time available after a flood warning.
5.46 Alternative elevation methods other than the use of fill may be utilized to elevate a
structure's lowest floor above the regulatory flood protection elevation. These
alternative methods may include the use of stilts, pilings, parallel walls, etc., or above -
grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor
of an enclosed area shall be considered above -grade and not a structure's basement
or lowest floor if. 1) the enclosed area is above -grade on at least one side of the
structure; 2) it is designed to internally flood and is constructed with flood resistant
materials; and 3) it is used solely for parking of vehicles, building access or storage.
The above -noted alternative elevation methods are subject to the following
additional standards:
(a) Design and Certification - The structure's design and as -built condition must be
certified by a registered professional engineer or architect as being in
compliance with the general design standards of the State Building Code and,
specifically, that all electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities must be at or above the regulatory flood
protection elevation or be designed to prevent flood water from entering or
accumulating within these components during times of flooding.
(b) Specific Standards for Above - grade, Enclosed Areas - Above - grade, fully
enclosed areas such as crawl spaces or tuck under garages must be designed to
internally flood and the design plans must stipulate:
(1) The minimum area of openings in the walls where internal flooding is to be
used as a floodproofing technique. There shall be a minimum of two
openings on at least two sides of the structure and the bottom of all
openings shall be no higher than one foot above grade. The automatic
openings shall have a minimum net area of not less than one square inch for
every square foot of enclosed area subject to flooding unless a registered
professional engineer or architect certifies that a smaller net area would
suffice. The automatic openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that they permit the automatic
entry and exit of flood waters without any form of human intervention; and
(2) That the enclosed area will be designed of flood resistant materials in
accordance with the FP -3 or FP -4 classifications in the State Building Code
and shall be used solely for building access, parking of vehicles or storage.
SECTION 6.0 GENERAL FLOODPLAIN DISTRICT (GF)
6.1 Permitted Uses:
6.11 The uses listed in Section 4.1 of this ordinance, Floodway District Permitted Uses, are
permitted uses.
6.12 All other uses are subject to the floodway /flood fringe evaluation criteria specified in
Section 6.2 below. Section 4.0 applies if the proposed use is determined to be in the
Floodway District. Section 5.0 applies if the proposed use is determined to be in the
Flood Fringe District.
6.2 Procedures for Floodway and Flood Fringe Determinations:
6.21 Upon receipt of an application for a permit or other approval within the General
Floodplain District, the Zoning Administrator must obtain, review and reasonably
utilize any regional flood elevation and floodway data available from a federal, state,
or other source.
6.22 If regional flood elevation and floodway data are not readily available, the applicant
must furnish additional information, as needed, to determine the regulatory flood
protection elevation and whether the proposed use would fall within the Floodway or
Flood Fringe District. Information must be consistent with accepted hydrological and
hydraulic engineering standards and the standards in 6.23 below.
6.23 The determination of floodway and flood fringe must include the following
components, as applicable:
(a) Estimate the peak discharge of the regional (1% chance) flood.
(b) Calculate the water surface profile of the regional flood based upon a hydraulic
analysis of the stream channel and overbank areas.
(c) Compute the floodway necessary to convey or store the regional flood without
increasing flood stages more than one -half (0.5) foot. A lesser stage increase
than 0.5 foot is required if, as a result of the stage increase, increased flood
damages would result. An equal degree of encroachment on both sides of the
stream within the reach must be assumed in computing floodway boundaries.
6.24 The Zoning Administrator will review the submitted information and assess the
technical evaluation and the recommended Floodway and /or Flood Fringe District
boundary. The assessment must include the cumulative effects of previous floodway
encroachments. The Zoning Administrator may seek technical assistance from a
designated engineer or other expert person or agency, including the Department of
Natural Resources. Based on this assessment, the Zoning Administrator may approve
or deny the application.
6.25 Once the Floodway and Flood Fringe District boundaries have been determined, the
Zoning Administrator must process the permit application consistent with the
applicable provisions of Section 4.0 and 5.0 of this ordinance.
SECTION 7.0 LAND DEVELOPMENT STANDARDS
7.1 In General: Recognizing that flood prone areas may exist outside of the designated
floodplain districts, the requirements of this section apply to all land within the City of
Columbia Heights.
7.2 Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or
inadequate drainage, water supply or sewage treatment facilities. Manufactured home
parks and recreational vehicle parks or campgrounds are considered subdivisions under this
ordinance.
7.21 All lots within the floodplain districts must be able to contain a building site outside of
the Floodway District at or above the regulatory flood protection elevation.
7.22 All subdivisions must have road access both to the subdivision and to the individual
building sites no lower than two feet below the regulatory flood protection elevation,
unless a flood warning emergency plan for the safe evacuation of all vehicles and
people during the regional (1% chance) flood has been approved by the City Council.
The plan must be prepared by a registered engineer or other qualified individual, and
must demonstrate that adequate time and personnel exist to carry out the
evacuation.
7.23 For all subdivisions in the floodplain, the Floodway and Flood Fringe District
boundaries, the regulatory flood protection elevation and the required elevation of all
access roads must be clearly labeled on all required subdivision drawings and platting
documents.
7.24 In the General Floodplain District, applicants must provide the information required in
Section 6.2 of this ordinance to determine the regional flood elevation, the Floodway
and Flood Fringe District boundaries and the regulatory flood protection elevation for
the subdivision site.
7.25 If a subdivision proposal or other proposed new development is in a flood prone area,
any such proposal must be reviewed to assure that:
(a) All such proposals are consistent with the need to minimize flood damage within
the flood prone area,
(b) All public utilities and facilities, such as sewer, gas, electrical, and water systems
are located and constructed to minimize or eliminate flood damage, and
(c) Adequate drainage is provided to reduce exposure of flood hazard.
7.3 Building Sites: If a proposed building site is in a flood prone area, all new construction and
substantial improvements (including the placement of manufactured homes) must be:
(a) Designed (or modified) and adequately anchored to prevent floatation, collapse,
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
(b) Constructed with materials and utility equipment resistant to flood damage;
(c) Constructed by methods and practices that minimize flood damage; and
(d) Constructed with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and /or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
8.1 Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water
supply systems to be located in the floodplain must be floodproofed in accordance with the
State Building Code or elevated to the regulatory flood protection elevation.
8.2 Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the
floodplain must comply with Sections 4.0 and 5.0 of this ordinance. These transportation
facilities must be elevated to the regulatory flood protection elevation where failure or
interruption of these facilities would result in danger to the public health or safety or where
such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads
or railroads may be constructed at a lower elevation where failure or interruption of
transportation services would not endanger the public health or safety.
8.3 On -site Water Supply and Sewage Treatment Systems: Where public utilities are not
provided: 1) On -site water supply systems must be designed to minimize or eliminate
infiltration of flood waters into the systems; and 2) New or replacement on -site sewage
treatment systems must be designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood waters and they must not be
subject to impairment or contamination during times of flooding. Any sewage treatment
system designed in accordance with the state's current statewide standards for on -site
sewage treatment systems is considered to be in compliance with this Section.
SECTION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL
VEHICLES.
9.1 Manufactured Homes: New manufactured home parks and expansions to existing
manufactured home parks are prohibited in any floodplain district. For existing
manufactured home parks or lots of record, the following requirements apply:
9.11 Placement or replacement of manufactured home units is prohibited in the Floodway
District.
9.12 If allowed in the Flood Fringe District, placement or replacement of manufactured
home units is subject to the requirements of Section 5 of this ordinance and the
following standards.
(a) New and replacement manufactured homes must be elevated in compliance with
Section 5 of this ordinance and must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and lateral .
movement. Methods of anchoring may include, but are not limited to, use of
over - the -top or frame ties to ground anchors. This requirement is in addition to
applicable state or local anchoring requirements for resisting wind forces.
(b) New or replacement manufactured homes in existing manufactured home parks
must meet the vehicular access requirements for subdivisions in Section 7.22.
9.2 Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to
existing recreational vehicle parks or campgrounds are prohibited in any floodplain district.
Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in
the floodplain must meet the exemption criteria below or be treated as new structures
meeting the requirements of this ordinance.
9.21 Recreational vehicles are exempt from the provisions of this ordinance if they are
placed in any of the following areas and meet the criteria listed in Section 9.22:
(a) Individual lots or parcels of record.
(b) Existing commercial recreational vehicle parks or campgrounds.
(c) Existing condominium -type associations.
9.22 Criteria for Exempt Recreational Vehicles:
(a) The vehicle must have a current license required for highway use.
(b) The vehicle must be highway ready, meaning on wheels or the internal jacking
system, attached to the site only by quick disconnect type utilities commonly
used in campgrounds and recreational vehicle parks.
(c) No permanent structural type additions may be attached to the vehicle.
(d) The vehicle and associated use must be permissible in any pre- existing,
underlying zoning district.
(e) Accessory structures are not permitted within the Floodway District. Any
accessory structure in the Flood Fringe District must be constructed of flood -
resistant materials and be securely anchored, meeting the requirements
applicable to manufactured homes in Section 9.22.
(f) An accessory structure must constitute a minimal investment
9.23 Recreational vehicles that are exempt in Section 9.22 lose this exemption when
development occurs on the site that exceeds a minimal investment for an accessory
structure such as a garage or storage building. The recreational vehicle and all
accessory structures will then be treated as new structures subject to the elevation
and floodproofing requirements of Section 5.0 of this ordinance. No development or
improvement on the parcel or attachment to the recreational vehicle is allowed that
would hinder the removal of the vehicle should flooding occur.
SECTION 10.0 ADMINISTRATION
10.1 Zoning Administrator: A Zoning Administrator or other official designated by the City
Council must administer and enforce this ordinance.
10.2 Permit Requirements:
10.21 Permit Required. A permit must be obtained from the Zoning Administrator prior to
conducting the following activities:
(a) The erection, addition, modification, rehabilitation, or alteration of any building,
structure, or portion thereof. Normal maintenance and repair also requires a
permit if such work, separately or in conjunction with other planned work,
constitutes a substantial improvement as defined in this ordinance.
(b) The use or change of use of a building, structure, or land.
(c) The construction of a dam, fence, or on -site septic system, although a permit is
not required for a farm fence as defined in this ordinance.
(d) The change or extension of a nonconforming use.
(e) The repair of a structure that has been damaged by flood, fire, tornado, or any
other source.
(f) The placement of fill, excavation of materials, or the storage of materials or
equipment within the floodplain.
(g) Relocation or alteration of a watercourse - including new or replacement culverts
and bridges), unless a public waters work permit has been applied for.
(h) Any other type of "development' as defined in this ordinance.
10.22 Application for Permit. Permit applications must be submitted to the Zoning
Administrator on forms provided by the Zoning Administrator. The permit application
must include the following as applicable:
(a) A site plan showing all pertinent dimensions, existing or proposed buildings,
structures, and significant natural features having an influence on the permit.
(b) Location of fill or storage of materials in relation to the stream channel.
(c) Copies of any required municipal, county, state or federal permits or approvals.
(d) Other relevant information requested by the Zoning Administrator as necessary
to properly evaluate the permit application.
10.23 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No
building, land or structure may be occupied or used in any manner until a certificate
of zoning compliance has been issued by the Zoning Administrator stating that the
use of the building or land conforms to the requirements of this ordinance.
10.24 Certification. The applicant is required to submit certification by a registered
professional engineer, registered architect, or registered land surveyor that the
finished fill and building elevations were accomplished in compliance with the
provisions of this ordinance. Floodproofing measures must be certified by a
registered professional engineer or registered architect.
10.25 Record of First Floor Elevation. The Zoning Administrator must maintain a record of
the elevation of the lowest floor (including basement) of all new structures and
alterations or additions to existing structures in the floodplain. The Zoning
Administrator must also maintain a record of the elevation to which structures and
alterations or additions to structures are floodproofed.
10.26 Notifications for Watercourse Alterations. Before authorizing any alteration or
relocation of a river or stream, the Zoning Administrator must notify adjacent
communities. If the applicant has applied for a permit to work in public waters
pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate
notice. A copy of the notification must also be submitted to the Chicago Regional
Office of the Federal Emergency Management Agency (FEMA).
10.27 Notification to FEMA When Physical Changes Increase or Decrease Base Flood
Elevations. As soon as is practicable, but not later than six months after the date such
supporting information becomes available, the Zoning Administrator must notify the
Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant
technical or scientific data.
10.3 Variances:
10.31 Variance Applications. An application for a variance to the provisions of this
ordinance will be processed and reviewed in accordance with applicable state
statutes and Section 9.104 (G) of the Zoning Ordinance.
10.32 Adherence to State Floodplain Management Standards. A variance must not allow a
use that is not allowed in that district, permit a lower degree of flood protection than
the regulatory flood protection elevation for the particular area, or permit standards
lower than those required by state law.
10.33 Additional Variance Criteria. The following additional variance criteria of the Federal
Emergency Management Agency must be satisfied:
(a) Variances must not be issued by a community within any designated regulatory
floodway if any increase in flood levels during the base flood discharge would
result.
(b) Variances may only be issued by a community upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the variance would
result in exceptional hardship to the applicant, and (iii) a determination that the
granting of a variance will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, create nuisances, cause fraud on
or victimization of the public, or conflict with existing local laws or ordinances.
(c) Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
10.34 Flood Insurance Notice. The Zoning Administrator must notify the applicant for a
variance that: 1) The issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance up to amounts as
high as $25 for $100 of insurance coverage; and 2) Such construction below the base
or regional flood level increases risks to life and property. Such notification must be
maintained with a record of all variance actions.
10.35 General Considerations. The community may consider the following factors in
granting variances and imposing conditions on variances and conditional uses in
floodplains:
(a) The potential danger to life and property due to increased flood heights or
velocities caused by encroachments;
(b) The danger that materials maybe swept onto other lands or downstream to the
injury of others;
(c) The proposed water supply and sanitation systems, if any, and the ability of these
systems to minimize the potential for disease, contamination and unsanitary
conditions;
(d) The susceptibility of any proposed use and its contents to flood damage and the
effect of such damage on the individual owner;
(e) The importance of the services to be provided by the proposed use to the
community;
(f) The requirements of the facility for a waterfront location;
(g) The availability of viable alternative locations for the proposed use that are not
subject to flooding;
(h) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
(i) The relationship of the proposed use to the Comprehensive Land Use Plan and
flood plain management program for the area;
(j) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(k) The expected heights, velocity, duration, rate of rise and sediment transport of
the flood waters expected at the site.
10.36 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Zoning Administrator must submit hearing notices for proposed variances to the DNR
sufficiently in advance to provide at least ten days' notice of the hearing. The notice
may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
10.37 Submittal of Final Decisions to the DNR. A copy of all decisions granting variances
must be forwarded to the DNR within ten days of such action. The notice may be sent
by electronic mail or U.S. Mail to the respective DNR area hydrologist.
10.38 Record - Keeping. The Zoning Administrator must maintain a record of all variance
actions, including justification for their issuance, and must report such variances in an
annual or biennial report to the Administrator of the National Flood Insurance
Program, when requested by the Federal Emergency Management Agency.
10.4 Conditional Uses:
10.41 Administrative Review. An application for a conditional use permit under the
provisions of this ordinance will be processed and reviewed in accordance with
Section 9.104 (H) of the Zoning Ordinance.
10.42 Factors Used in Decision - Making. In passing upon conditional use applications, the
City Council must consider all relevant factors specified in other sections of this
ordinance, and those factors identified in Section 10.35 of this ordinance.
10.43 Conditions Attached to Conditional Use Permits. The City Council may attach such
conditions to the granting of conditional use permits as it deems necessary to fulfill
the purposes of this ordinance. Such conditions may include, but are not limited to,
the following:
(a) Modification of waste treatment and water supply facilities.
(b) Limitations on period of use, occupancy, and operation.
(c) Imposition of operational controls, sureties, and deed restrictions.
(d) Requirements for construction of channel modifications, compensatory storage,
dikes, levees, and other protective measures.
(e) Floodproofing measures, in accordance with the State Building Code and this
ordinance. The applicant must submit a plan or document certified by a
registered professional engineer or architect that the floodproofing measures are
consistent with the regulatory flood protection elevation and associated flood
factors for the particular area.
10.44 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Zoning Administrator must submit hearing notices for proposed conditional uses to
the DNR sufficiently in advance to provide at least ten days' notice of the hearing.
The notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
10.45 Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional
uses must be forwarded to the DNR within ten days of such action. The notice may
be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
SECTION 11.0 NONCONFORMITIES
11.1 Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful
before the passage or amendment of this ordinance but which is not in conformity with the
provisions of this ordinance may be continued subject to the following conditions. Historic
structures, as defined in Section 2.939(b) of this ordinance, are subject to the provisions of
Sections 11.11 -11.16 of this ordinance.
11.11 A nonconforming use, structure, or occupancy must not be expanded, changed,
enlarged, or altered in a way that increases its flood damage potential or degree of
obstruction to flood flows except as provided in 11.12 below. Expansion or
enlargement of uses, structures or occupancies within the Floodway District is
prohibited.
11.12 Any addition or structural alteration to a nonconforming structure or nonconforming
use that would result in increasing its flood damage potential must be protected to
the regulatory flood protection elevation in accordance with any of the elevation on
fill or floodproofing techniques (i.e., FP -1 thru FP -4 floodproofing classifications)
allowable in the State Building Code, except as further restricted in 11.13 and 11.17
below.
11.13 If the cost of all previous and proposed alterations and additions exceeds 50 percent
of the market value of any nonconforming structure, then the entire structure must
meet the standards of Section 4.0 or 5.0 of this ordinance for new structures
depending upon whether the structure is in the Floodway or Flood Fringe District,
respectively. The cost of all structural alterations and additions must include all costs
such as construction materials and a reasonable cost placed on all manpower or
labor.
11.14 If any nonconforming use, or any use of a nonconforming structure, is discontinued
for more than one year, any future use of the premises must conform to this
ordinance. The Assessor must notify the Zoning Administrator in writing of instances
of nonconformities that have been discontinued for a period of more than one year.
11.15 If any nonconformity is substantially damaged, as defined in Section 2.938 of this
ordinance, it may not be reconstructed except in conformity with the provisions of
this ordinance. The applicable provisions for establishing new uses or new structures
in Sections 4.0 or 5.0 will apply depending upon whether the use or structure is in the
Floodway or Flood Fringe, respectively.
11.16 If any nonconforming use or structure experiences a repetitive loss, as defined in
Section 2.935 of this ordinance, it must not be reconstructed except in conformity
with the provisions of this ordinance.
11.17 Any substantial improvement, as defined in Section 2.939 of this ordinance, to a
nonconforming structure requires that the existing structure and any additions must
meet the requirements of Section 4.0 or 5.0 of this ordinance for new structures,
depending upon whether the structure is in the Floodway or Flood Fringe District.
SECTION 12.0 PENALTIES AND ENFORCEMENT
12.1 Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or
failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with grants of variances or conditional uses)
constitute a misdemeanor and will be punishable as defined by law.
12.2 Other Lawful Action: Nothing in this ordinance restricts the City from taking such other
lawful action as is necessary to prevent or remedy any violation. If the responsible party
does not appropriately respond to the Zoning Administrator within the specified period of
time, each additional day that lapses will constitute an additional violation of this
ordinance and will be prosecuted accordingly.
12.3 Enforcement: In responding to a suspected ordinance violation, the Zoning Administrator
and City Council may utilize the full array of enforcement actions available to it including
but not limited to prosecution and fines, injunctions, after - the -fact permits, orders for
corrective measures or a request to the National Flood Insurance Program for denial of
flood insurance availability to the guilty party. The City must act in good faith to enforce
these official controls and to correct ordinance violations to the extent possible so as not to
jeopardize its eligibility in the National Flood Insurance Program.
12.31 When a violation is either discovered by or brought to the attention of the Zoning
Administrator, the Zoning Administrator shall immediately investigate the situation
and document the nature and extent of the violation of the official control. As soon as
it is reasonably possible, this information will be submitted to the appropriate State
Department of Natural Resources and Federal Emergency Management Agency
regional office along with the city's plan of action to correct the violation to the
degree possible.
12.32 The Zoning Administrator shall notify the suspected party of the requirements of this
chapter and all other official controls and the nature and extent of the suspected
violation of these controls. If the structure and /or use is under construction or
development, the Zoning Administrator may order the construction or development
immediately halted until a proper permit or approval is granted by the city. If the
construction or development is already completed, the Zoning Administrator may
either: 1) issue an order identifying the corrective actions that must be made within a
specified time period to bring the use or structure into compliance with the official
controls; or 2) notify the responsible party to apply for an after the fact
permit /development approval within a specified period of time not to exceed 30
days.
SECTION 13.0 AMENDMENTS
13.1 Floodplain Designation — Restrictions on Removal: The floodplain designation on the
Official Zoning Map must not be removed from floodplain areas unless it can be shown that
the designation is in error or that the area has been filled to or above the elevation of the
regulatory flood protection elevation and is contiguous to lands outside the floodplain.
Special exceptions to this rule may be permitted by the Commissioner of the Department
of Natural Resources (DNR) if the Commissioner determines that, through other measures,
lands are adequately protected for the intended use.
13.2 Amendments Require DNR Approval: All amendments to this ordinance must be
submitted to and approved by the Commissioner of the Department of Natural Resources
(DNR) prior to adoption. The Commissioner must approve the amendment prior to
community approval.
13.3 Map Revisions Require Ordinance Amendments. The floodplain district regulations must
be amended to incorporate any revisions by the Federal Emergency Management Agency
to the floodplain maps adopted in Section 2.3 of this ordinance.
This ordinance shall be in full force and effect from and after 30 days after its passage
and approval and publication, as required by law and /or charter.
First Reading: November 9, 2015
Offered by:
Seconded by:
Roll Call:
Second Reading: November 23, 2015
Offered by:
Seconded by:
Roll Call:
Date of Passage:
Mayor Gary L. Peterson
Attest:
Nancy Becker, Council Secretary Pro Tern
CERTIFICATION
State of Minnesota
County of Anoka
City of Columbia Heights
I, the duly appointed, qualified Council Secretary Pro Tern of Columbia Heights,
Minnesota, and the keeper of the records thereof, do hereby certify that the attached is
a true and correct copy of Ordinance No. 1623, being an Ordinance amending City Code
of 2005, Chapter 9, Article I, Section 9.113 (B), relating to the floodplain management
overlay district requirements within the City of Columbia Heights.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official City Seal of
Columbia Heights this 23rd, of November 2015.
Nancy Becker
Council Secretary Pro Tern
City of Columbia Heights