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HomeMy WebLinkAbout08-03-2022 Planning Commission Packet PLANNING COMMISSION City Hall—Council Chambers, 590 40th Ave NE Wednesday, August 03, 2022 6:00 PM AGENDA ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wish to attend may do so in-person, by calling 1-312-626-6799 and entering meeting ID 798 821 7248 and passcode 080322 or by Zoom at https://us02web.zoom.us/j/7988217248?pwd=c1IoeTVDcmVqK3FDcXhBcHZBVGJJQT09 . For questions please call the Community Development Department at 763-706-3670. CALL TO ORDER/ROLL CALL APPROVE MINUTES 1. Approval of May 3, 2022 Planning Commission Meeting Minutes MOTION: Move to approve the Planning Commission Meeting Minutes of May 3, 2022. 2. Approval of June 7, 2022 Planning Commission Meeting Minutes MOTION: Move to approve the Planning Commission Meeting Minutes of June 7, 2022. PUBLIC HEARINGS 3. Zoning Ordinance (Map Amendment) - Rezoning of Property MOTION: Move to close the public hearing and waive the reading of draft Ordinance No. 1680 there being ample copies available to the public. MOTION: Move to recommend that the Planning Commission recommend to the City Council approval of draft Ordinance No. 1680 and the zoning amendments as presented. 4. Conditional Use Permit for Dynamic LED Sign MOTION: Move to close the public hearing and waive the reading of draft Resolution 2022- 68, there being ample copies available to the public. MOTION: Move to recommend that the Planning Commission recommend to the City Council approval of draft Resolution 2022-68 as presented subject to the conditions stated in the resolution. OTHER BUSINESS ADJOURNMENT 1 City of Columbia Heights AGENDA August 03, 2022 Planning Commission Page 2 Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements. 2 PLANNING COMMISSION City Hall—Council Chambers, 590 40th Ave NE Tuesday, May 03, 2022 6:00 PM MINUTES The meeting was called to order at 6:02 pm by Hark. CALL TO ORDER/ROLL CALL Commissioners present: Laurel Deneen, Stan Hoium, John Murzyn Jr., Mike Novitsky, Mark Vargas, Clara Wolfe Commissioners absent: Tom Kaiser, Eric Sahnow Also present: Aaron Chirpich, Community Development Director; Minerva Hark, City Planner; Sara Ion, City Clerk; Eric Johnston, Police Department Captain; David DeGennaro, City Resident 1. Swearing in of Newly Appointed Planning Commissioner Laurel Deneen 2. Election of Planning Commission Officers The election of officers was postponed to the next meeting on June 7, 2022, due to two commissioners being absent from the meeting. 3. Approval of March 1, 2022 Planning Commission Meeting Minutes Motion by Hoium, seconded by Novitsky, to approve the minutes from the meeting of March 1, 2022. All ayes. MOTION PASSED. PUBLIC HEARINGS 4. Conditional Use Permit and Variance for Public Safety Site Perimeter Fence Located at 825 41st Avenue NE Introduction: Hark reported that the City of Columbia Heights has applied for a Conditional Use Permit and Variance for the property located at 825 41st Avenue NE. The project site is home to the City’s Police and Fire Departments, which was constructed in 2009. The applicant proposes to construct an 8-foot-high perimeter security fencing to improve the overall security and safety of the Public Safety campus. The proposed fencing on the western and a portion of the eastern property lines will be black steel palisade anti-scale fencing with the top turned outwards. The property’s proposed rear fencing will be chain link, with north and south chain link pivot gates that meet the pavement. No fencing is proposed along the site’s front property line. Zoning Ordinance: The subject property is located in the PO – Public and Open Space Zoning District. It is adjacent to a Planned Unit Development (PUD #2021-01) to the north, One- and Two- 3 Item 1. City of Columbia Heights MINUTES May 03, 2022 Planning Commission Page 2 Family Residential District (R-2A) to the west, and Multiple-Family Residential District to the east (R-4) and the south (R-3). Since the site is directly adjacent to residential zoning districts, the fencing is considered “residential.” Per City Code §9.106(E)(2), fences exceeding six feet in height shall be deemed structures and shall require a Conditional Use Permit. The Zoning Ordinance further requires that fences cannot exceed seven feet in height. Because the proposed fence exceeds this height, a Variance is also requested. The Zoning Ordinance requires the Planning Commission to hold a public hearing on the applications for a Conditional Use Permit and Variance and submit its recommendation to the City Council for final determination. Comprehensive Plan: The Comprehensive Plan guides this area for Institutional Use, which is consistent with its current use as the City’s Public Safety campus. The proposed perimeter security fencing is compatible with the institutional use guided for this site by the Comprehensive Plan. Findings of Fact: Section 9.104 (H) of the Zoning Code outlines nine conditions that must be met for the City 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. Staff comments: City Code §9.106(E)(2) stipulates that residential fences that exceed six feet in height shall require a Conditional Use Permit. This application is consistent with the requirements of the Code. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. Staff comments: The Comprehensive Plan guides this property for institutional use. Installing a perimeter security fence around the City’s Public Safety Building is in harmony with the purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. Staff comments: The proposed 8-foot height perimeter security fencing should not cause hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. Staff comments: The proposed project should not 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. Staff comments: The proposed black steel fencing is of high-quality material that is under 25% opaque. Additionally, the proposed chain link fencing will also have very low opaqueness, which will contribute to preserving the current appearance and character of the neighborhood. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. 4 Item 1. City of Columbia Heights MINUTES May 03, 2022 Planning Commission Page 3 Staff comments: 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. Staff comments: This is correct. The fencing should not affect traffic congestion on public streets or on-site traffic circulation. (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. Staff comments: This is correct. The fencing should not cause a negative cumulative effect. (i) The use complies with all other applicable regulations for the district in which it is located. Staff comments: This is correct. The fence will be constructed of approved fencing materials per the Zoning Ordinance and State Building Code. Additionally, Section 9.104 (G) of the Zoning Code outlines five conditions that must be met for the City to grant Variance. 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. Staff comments: The parcel in question serves as the home of the City’s Police and Fire Departments. The public safety use warrants a two-foot increase in allowable fence height and is permissible by the zoning ordinance through the Variance process. (b) 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. Staff comments: The specific parcel of land in question serves as the City’s sole public safety center, making the conditions unique to the parcel. (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. Staff comments: The subject property is publicly owned. The variance allowing additional height of the fence will help improve the overall security and safety of the Public Safety campus. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. Staff comments: The property is guided for institutional use. The proposal is consistent with the general purpose and intent of the Comprehensive Plan. 5 Item 1. City of Columbia Heights MINUTES May 03, 2022 Planning Commission Page 4 (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. Staff comments: It does not appear that the 8-foot fencing proposed for this site would be detrimental to the public welfare of affect the overall enjoyment, use or value of the property in the area. Recommendation: Staff recommends that the Planning Commission recommend approval of the proposed Conditional Use Permit and Variance for the property located at 825 41st Avenue NE, subject to certain conditions. Questions/Comments from Members: Vargas asked what material the Impasse II rail, trademark “R” would be and expressed concerns about the durability, specifically the fasteners and that it could cause rotting and the need to repaint. Hark stated it would be steel and that Staff could monitor that in the coming years. Deneen asked if any soft-scape materials were going to be added to minimize the impact of the fence, since this is a residential area. Hark asked Johnston if there would be any landscape and he stated that landscape will be adjusted, but the height of the fence is to prevent people from climbing over it, so trees cannot be nearby. Wolfe asked about the gates and why portions of fence are enclosed, specifically the back, and the front is not. Johnston said that this project as part of a larger safety plan for the building, where three sides will be in place permanently but the fourth side, which is already pur chased, can put in temporarily if there becomes a need to secure the building. He added that currently the electrical and inputs into the building are currently not secured, which is another thing to consider. Novitsky asked if it would make sense to enclose all four sides at this time. Johnston referenced the events that had taken place at Minneapolis and Brooklyn Center, and stated that they believe this plan allows for additional security but keeps a good open visual at the front of the building for the majority of the time, unless the additional security is needed. Public Hearing Opened. David DeGennaro, City resident, stated that his question was already answered by Johnston as he wanted to know what prompted the plans for this type of fence. He also asked if there have been any studies on how this type of fence affects the value of nearby properties. Johnston stated that he has not seen any studies on fencing and property values. Hark added that City Staff has determined that the fencing would not diminish the quality or feel of the properties in the surrounding areas. Hoium stated his concern about the building having a “prison fence” around it and he isn’t sure he agrees with the need. He asked if this is going to continue to the other City buildings, and where is the line. 6 Item 1. City of Columbia Heights MINUTES May 03, 2022 Planning Commission Page 5 Deneen asked if it was considered just to do the backside of the building where electrical, squads, or employee vehicles are, and leaving the other sides open and bringing in temporary housing if needed. Johnston stated that if an incident happens, there is a time issue ; having to store that amount of fence, haul it in and assemble it in a timely manner. The one temporary side is 600 feet. Hoium said that the plan includes 8-foot chain link fence around the back where there is already a 12-foot wall. Johnston stated that they didn’t look at the height of the wall, it’s the ability to scale it and climb over. He added that they looked at 10-foot and 8-foot and felt that 8-foot was a good height and moved that recommendation forward. Hoium asked if the current fence along the back was 5-feet high. Johnston agreed. He added that the cloth from 2 ¼ inch to 1-inch mesh which is what makes it “anti-scale”. Hoium asked if there have been any security problems up to this point or are they anticipating a riot. Johnston stated they are planning for what may happen, they have not had any security threats at this point. Vargas stated that there are some elevation and grade changes on the north side of the building and asked if those have been thought of to incorporate to deter people. Johnston stated that they are going to use the elevation, but they discovered that there were footpaths, indicating people were still walking through the elevations. He added that they want to try to secure access points in an event where they don’t have to utilize staff to do that. Hoium asked why the swamp area was not included in the fenced area. Johnston stated that it would cost extra and it’s not an area they are trying to protect. Vargas asked Staff if the pond is considered a dry pond or if it is draining somewhere specific. Chirpich stated that the pond is surplus capacity, meaning surcharge events will fill it up, and then it will dissipate; most of the time it is dry. He added it would be easier for Public Works to maintain and if it was fenced, the fence would be closer to the residential properties. Hoium asked what other cities have surrounded their Public Safety buildings like this. Johnston stated he is aware of the federal building that was built in Brooklyn Center, Anoka County Sheriff’s office, and any buildings that are being built currently, he believes fencing like this will be considered. Vargas stated he believes the Police Department in Brooklyn Park also has a similar fence. Wolfe said that she recalls that when the Public Safety building was built, that she was surprised there wasn’t fencing on the Police side at least. Deneen stated that the residential properties will have a big impact from the change in the fencing and asked about if any landscape was going to be done in those areas. Johnston said that more decorative fencing was selected for that area and any landscaping th at is impacted will get backfilled. 7 Item 1. City of Columbia Heights MINUTES May 03, 2022 Planning Commission Page 6 Wolfe stated that letters would have been sent out requesting feedback from the impacted properties. Hark said that notices were sent to properties within 350-feet of the entire site and she received questions regarding the process but no complaints. Public Hearing Closed. Motion by Vargas, seconded by Hoium, to close the public hearing and waive the reading of the draft resolution attached, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Vargas, seconded by Wolfe, to recommend that the Planning Commission recommend to the City Council approval of the Conditional Use Permit and Variance as presented, subject to the following conditions of approval: 1. The site plan included in this submittal shall become part of this approval. 2. The applicant shall submit a building permit application for review and approval prior to construction. 3. Fences greater than seven feet in height shall be of an engineered design and capable of withstanding the applicable wind loads in the Minnesota State Building Code. 4. All other applicable local, state, and federal requirements shall be met at all times. A roll call vote was taken. All ayes. MOTION PASSED. OTHER BUSINESS 5. Role of Planning Commissioner Hark stated that in the packet they received a PowerPoint presentation regarding all the rules and regulations and what it means to be a Planning Commissioner. She asked if there are any questions. The Commissioners thanked Hark for providing it as a refresher. 6. Reminder: Planning Commission Meeting Tuesday, June 7, 2022 Hark reminded the Commission that at this meeting they will elect officers and they have three applications that they have received: a fireworks tent, a lot-line adjustment, and a conditional use permit for a brewery. Hoium asked about the fireworks tent and thought that it was going to be an administrative application. Hark stated it is still in the City Code and hopefully it can be updated soon. ADJOURNMENT Vargas adjourned the meeting at 6:34 pm. Respectfully submitted, 8 Item 1. City of Columbia Heights MINUTES May 03, 2022 Planning Commission Page 7 ____________________________ Alicia Howe, Recording Secretary 9 Item 1. PLANNING COMMISSION City Hall—Council Chambers, 590 40th Ave NE Tuesday, June 07, 2022 6:00 PM MINUTES CALL TO ORDER The meeting was called to order at 6:00 pm by Hark. Commissioners present: Laurel Deneen, Stan Hoium, Tom Kaiser, John Murzyn Jr., Mike Novitsky, Eric Sahnow, Mark Vargas Commissioners absent: Clara Wolfe Also present: Minerva Hark, City Planner; Alicia Howe, Administrative Assistant; Councilmember KT Jacobs 1. Swearing in of Planning Commissioners Thomas Kaiser and Eric Sahnow Hark led the oath of office for Planning Commissioners Thomas Kaiser and Eric Sahnow. 2. Election of Planning Commission Officers Officer Elections are held on an annual basis. In order for a member to be considered for an officer position, they must be nominated by another Planning Commission member or nominate themselves. Hoium nominated Sahnow for Chair. Motion by Hoium, seconded by Kaiser, to elect Sahnow as Chair of the Planning Commission. A roll call vote was taken. All ayes. MOTION PASSED. Hoium nominated Kaiser for Vice Chair. Motion by Hoium, seconded by Sahnow, to elect Kaiser as Vice Chair of the Planning Commission. A roll call vote was taken. All ayes. MOTION PASSED. Hoium nominated Vargas for Secretary/Treasurer. Motion by Hoium, seconded by Kaiser, to elect Vargas as Secretary/Treasurer of the Planning Commission. A roll call vote was taken. All ayes. MOTION PASSED. PUBLIC HEARINGS 3. Interim Use Permit for Seasonal Fireworks Sales Tent located at 4001 Central Avenue NE Introduction: Hark reported that Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a seasonal fireworks sales tent at 4001 Central Avenue NE. The specific development standards for outdoor fireworks sales/display are found in 10 Item 2. City of Columbia Heights MINUTES June 07, 2022 Planning Commission Page 2 Section 9.107 (C) (22) of City Code, and will be added as conditions of approval for this permit. The attached property and tent location map illustrates the configuration and orientation of the fireworks tent to Central Avenue. The Fire Chief and Building Official will conduct a site inspection of the tent. Zoning Ordinance: The property located at 4001 Central Avenue NE is in the CBD, Central Business District. The properties to the north and west are also zoned Central Business, while the properties to the east are zoned in the R-4, Multiple Family Residential District. The site to the south of the subject property is zoned as a Planned Unit Development, which will have a mix of multi-family residential, commercial, and institutional uses. Seasonal Fireworks Sales is allowed as Interim Use in the Central Business Zoning District. Comprehensive Plan: The Comprehensive Plan designates the property for commercial use. The proposal for seasonal fireworks sales is consistent with the intent of the City’s Comprehensive Plan. Findings of Fact: Section 9.104 (I) of the Zoning Ordinance outlines seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: (a) The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. Staff comments: Fireworks tents are specifically listed as an Interim Use in the Central Business District, and are considered retail sales, which are permitted. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. Staff comments: The Comprehensive Plan designates the property for commercial use, including retail sales. The proposal is consistent with the intent of the City’s Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. Staff comments: The proposed temporary use should not impose hazardous or disturbing influences on neighboring properties because of its proximity to Central Avenue. It is screened from adjacent residential uses by the surrounding commercial buildings. (d) The use will not substantially diminish the use of property in the immediate vicinity. Staff comments: The fireworks tent shouldn’t diminish the use of the adjacent properties. (e) The use will be designed, constructed, operated and maintained in a manner t hat is compatible with the appearance of the existing or intended character of the surrounding area. Staff comments: The Fire Department will conduct an on-site inspection prior to any temporary sales. All State and City requirements regarding fireworks sales will be met. 11 Item 2. City of Columbia Heights MINUTES June 07, 2022 Planning Commission Page 3 (f) 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. Staff comments: The traffic generated by the fireworks tent will not significantly increase the flow of traffic on the public streets. Additionally, the site is large enough to handle additional on-site traffic. (g) The use will not cause a negative cumulative effect on other uses in the immediate vicinity. Staff comments: The fireworks tent should not have a negative impact on other uses in the immediate vicinity, which are all zoned commercial. Recommendation: Staff recommends that the Planning Commission approve the Interim Use Permit to allow the operation of a seasonal fireworks sales tent at 4001 Central Avenue, subject to conditions of approval outlined below. Vargas asked if this permit differs at all from the others they have received throughout the years. Hark stated it is the same. Hoium asked about changing the permit process, so they don’t have to come before the Planning Commission. Hark stated that this is embedded into the Code for the CBD zoning district and all other districts that it is an allowed use through an interim use permit; what an interim use permit process entails would need to be amended, to change that it wouldn’t need to be approved by the Planning Commission. She further stated that Staff plans to move forward with an administrative application, where Staff would review and approve. Hoium and Vargas commented on the Safety Data Sheet stating it is not readable and out- of-date. Hark stated that whether it goes through the same process next year to the Planning Commission or is an administrative application, they will require that they submit an updated copy. Sahnow opened the public hearing. No one wished to speak. Motion by Sahnow, seconded by Hoium, to close the public hearing and waive the reading of Resolution No. 2022-PZ01, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Hoium, seconded by Kaiser, to adopt Resolution No. 2022-PZ01, being a resolution approving an Interim Use Permit for a fireworks sales tent at 4001 Central Avenue NE, from June 24, 2022, to July 5, 2022, subject to the conditions stated in the resolution. All ayes. MOTION PASSED. 12 Item 2. City of Columbia Heights MINUTES June 07, 2022 Planning Commission Page 4 Conditional Use Permit for a Brew Pub located at 4001 Central Avenue NE Introduction: Hark reported that William Roberts of Rail Werks Brewing Depot has applied for a Conditional Use Permit to allow for the operation of a brew pub at Columbia Heights Mall, located at 4001 Central Avenue NE, specifically within Suite 4055. The brew pub is proposed to include a microbrewery production facility, full-service bar with in-house brewed beers and craft cocktails, food service specializing in smoked meats, a game zone for iceless curling, and a private party room. The applicant was previously approved for a Conditional Use Permit for a brew pub at the same location by Resolution No. 2020-18 on February 10, 2020. The Conditional Use Permit has since become null and void due to the lack of project completion within the calendar year following the project’s approval. This current application acts as the petition for the renewal of the previously approved Conditional Use Permit. Zoning Ordinance: The subject property is located in the CBD – Central Business District. It is adjacent to the Central Business District (CBD) and Multiple Family Residential District (R - 4) to the north, Central Business District (CBD) to the west, and Multiple-Family Residential District (R-4) to the east. Just south of the site is a Planned Unit Development (PUD No. 2020-01), to include the new City Hall, multiple-family dwelling units, and a café. The Zoning Ordinance defines a brew pub as “a restaurant that conducts the retail of on - sale malt liquor consumed and brewed on the premise.” The Zoning Ordinance allows brew pubs by Conditional Use Permit in the Central Business District. The Conditional Us e Permit requirements, licensing requirements, and applicable Zoning Ordinance requirements are all discussed in this report. The Zoning Ordinance requires the Planning Commission to hold a public hearing on the application for a Conditional Use Permit and submit its recommendation to the City Council for final determination, which will be Monday, June 13, 2022. Comprehensive Plan: The Comprehensive Plan guides this area for Transit Oriented Development. Transit Oriented Development seeks to promote a variety of uses, including retail businesses. The proposed brew pub is consistent with the Comprehensive Plan’s goals. Site Plan: The following numbered items are an analysis of the application plans against the City Code and Zoning Ordinance. Since the applicant intends to occupy a vacant tenant bay in an existing commercial building, note that some of the conditions are previously existing. 1. Parking The existing shopping center contains numerous parking spaces that serve the tenants of the site. The site is located in the Central Business District, which does not require parking. It should be noted that the performance standards for a brew pub do not contain specific requirements for off-street parking; only confirmation that the site complies with parking requirements for the district where the site is located. In this regard, the site is compliant with its parking standard. 13 Item 2. City of Columbia Heights MINUTES June 07, 2022 Planning Commission Page 5 2. Access The site is currently served by access from Central Avenue NE, 40th Avenue NE, and 41st Avenue NE. The site has a service road on the rear of the building for trash handling service and deliveries. No changes to site access are proposed. 3. Signage The applicant has not submitted drawings for on -site signage. Signs are required to have a building permit and are subject to review for compliance by City Staff. As a condition of approval, all signage shall be reviewed by the City for approval. 4. Trash Container / Trash Service The site has trash service on the rear of the building that serves all the tenants of the site. The project will be conditioned to use poly trash containers to help mitigate noise from trash handling services. 5. Fire Access The area in front of the building is marked with yellow curb paint and signage that states “No Parking – Fire Lane”. As a condition of approval, this will be required to remain. 6. Pedestrian and Bicycle Access The site has pedestrian access to connect the parking area to the building. The parking area is connected to the City’s sidewalk system so pedestrians may access the site. It does not appear that the site provides access or parking of bicycles. The 2040 Comprehensive Plan land use goals state that sites should have pedestrian and bicycle access. While the pedestrian access appears to be satisfied, the site should incorporate a bicycle parking area to satisfy this goal. Staff is recommending that a bicycle rack capable of accommodating four bicycles be a condition of approval. Additionally, it should be noted that the site also contains a transit hub. 7. Patio / Outdoor Dining Area The applicant is not proposing any outdoor patio areas at this time. If an outdoor patio and dining area is proposed in the future, the applicant shall submit an updated site plan for review by City Staff. This may require an amended or new Conditional Use Permit. 8. Loading Area The applicant is proposing to use an eight-foot by eight-foot overhead door on the rear of the building for loading and unloading purposes. As a condition of approval, supplies can only be delivered through this rear loading area. No loading or deliveries shall be allowed from the front of the building. 9. Neighborhood Notification 14 Item 2. City of Columbia Heights MINUTES June 07, 2022 Planning Commission Page 6 A Notice of Public Hearing was sent to property owners within 350 feet of the project site. City Staff received phone calls and emails from residents bot h supporting the project and requesting more information. No comments of opposition were received by City Staff. 10. Staff Review The project submittal was reviewed by the Public Works Department, Fire Department, Police Department, and Community Development Department. City Staff found that the conditions of approval from Resolution No. 2020 -18 were still relevant and sufficient for this Conditional Use Permit renewal. No additional comments or conditions were provided. Findings of Fact: Section 9.104 (H) of the Zoning Code outlines nine conditions that must be met in order for the City 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. Staff Comments: The use is specifically listed as a conditional use in the Central Business District under Section 9.110(F)(3)(k). (b) The use is in harmony with the general purpose and intent of the comprehensive plan. Staff Comments: The Comprehensive Plan guides this property for retail, office, and multi-family residential. As a brew pub, the use will be in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. Staff Comments: In review of the applicant’s site plan and narrative, Staff does not feel this will be an issue at this site. Staff has added conditions related to noise and crowd control to ensure that this project would not impose disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. Staff Comments: The proposed project should not 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. Staff Comments: The use will be occupying an existing building as part of a larger shopping center. No significant changes to the design are proposed. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. Staff Comments: The site has all existing utilities and services. No changes to public services or facilities are proposed. 15 Item 2. City of Columbia Heights MINUTES June 07, 2022 Planning Commission Page 7 (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. Staff Comments: The site is served by existing traffic circulation. The site can be accessed from the north, west, or south; this is an existing condition. Staff is not recommending any changes to the on-site traffic circulation. Traffic congestion on the public streets is not expected to be a concern. The site and area have been designed to accommodate traffic at this location. (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. Staff Comments: This is correct. The brew pub is not expected to cause a negative cumulative effect on the area. (i) The use complies with all other applicable regulations for the district in which it is located. Staff Comments: In review of the site plan, Staff believes that the use complies with all other applicable regulations for the district it is located in. Specific Development Standards: Section 9.107(C)(53) of the Zoning Ordinance outlines eight specific requirements for a brew pub. These requirements are reviewed below: (a) All malt liquor production shall be within a completely enclosed structure. Staff Comments: In review of the applicant’s site plan, they are compliant with this requirement. (b) Mechanical equipment shall be placed and/or screened so as to minimize the visual impact on adjacent properties and from public streets. Staff Comments: The applicant is not proposing to locate any new mechanical equipment on the outside of the building at this time. As a condition of approval, any new mechanical equipment this is installed at a later date will have to adhere to the screening requirements of the District. (c) In zoning districts where off-street parking is required, a transportation management plan shall be submitted to address off-street parking, bus and freight loading, and traffic control. Staff Comments: No parking requirement is needed at this site. The existing site has many parking spaces and a transit hub on-site. (d) Loading areas shall not be oriented toward a public street, nor shall loading docks be located on the side of any building facing an adjacent lot that is zoned residential. Where these districts or streets abut all sides of the property, the loading areas shall be screened by a solid wall or opaque fence with a minimum height of si x feet, in addition to any required landscape buffer. 16 Item 2. City of Columbia Heights MINUTES June 07, 2022 Planning Commission Page 8 Staff Comments: The loading area for this site is on the east side of the building. This is an existing condition from the original site plans and predates the residential uses to the east. The applicant is proposing to continue to use this side of the building for deliveries. (e) 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. Staff Comments: As a condition of approval, the applicant shall meet this requirement. The applicant shall submit drawings of the trash enclosure for City Staff review. (f) By-products and waste from the production of malt liquor shall be properly disposed of off the property. Staff Comments: As a condition of approval, the applicant shall submit a narrative on how they plan to dispose of the by-products from the malt liquor production. (g) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. Staff Comments: This will be a condition of approval. (h) The facility shall meet all applicable building and fire codes, and shall be licensed as required by the state or county. Staff Comments: This will be a condition of approval. Malt Liquor License: As part of the process, the applicant will be required to apply for the appropriate alcohol licenses. Based on the narrative submitted to the City, they will need to obtain both an On-Sale Brew Pub license for the on-site consumption and sale of malt liquor per City Code Section 5.503, and an On-Sale Intoxicating Liquor license for the on- site consumption and sale of alcoholic cocktails per City Code Section 5.505. This process will be completed separately from the Conditional Use Permit application. By City Code, the licenses must be obtained prior to the business’s sale and service of alcohol. Recommendation: In review of the applicant’s site plan, application, and other relevant materials, Staff finds the request for a Conditional Use Permit to operate a brew pub to be a reasonable request that will not negatively impact the health, safety, or welfare of the City, its residents, and property owners. Staff recommends that the Planning Commission recommend that the City Council approve the conditional use permit as present, subject to the conditions of approval outlined in the resolution. Kaiser stated he was happy that Staff recommended adding bike parking there and asked about why the project was delayed. Hark said that it was due to the pandemic and in early 2020, the project was proposed as an arcade and a brew pub, and it has now been revised to not include the arcade. She added that the applicant was not charged another fee for renewal, but Staff felt it was appropriate to go through the approval process again. 17 Item 2. City of Columbia Heights MINUTES June 07, 2022 Planning Commission Page 9 Kaiser asked if this plan proposed is the same square footage since the arcade is was removed. Hark stated she didn’t believe so. Hoium asked if they will be submitting for a liquor license. Hark stated they are required to do so; they need two licenses, one for the brew pub and another for serving craft cocktails. Hoium stated that the intoxicating liquor license was new from the previous application. Hark replied that this is the case and Staff changed the liquor licensing rules for the City so that licensees that hold intoxicating liquor licenses must sell fifty-five percent food in order to sell liquor, which may change their mind. She added that the malt liquor licenses do not have any food requirements attached to it. Sahnow asked about the capacity that they will brew, and also if any of the recent state liquor law changes impact them at all. Hark stated she didn’t believe any of the changes would impact them negatively, it may only make it easier for them to operate and generally, the city takes precedent as long as they are complying with what the state has set forth. She added that as far as capacity, they are required to brew on site, and it is a smaller capacity. Sahnow asked if they would be allowed to sell growlers. Hark replied she believed so. Deneen asked if the fifty-five percent food applied to growlers. Hark stated she believed it applied to growlers and would have to look into if a third license would be required for the sale of these. Sahnow asked if they have a scheduled timeline on construction and occupancy. Hark stated she was not sure, but this came to Staff’s attention because a few permits were pulled, which also prompted them to initiate the CUP process again. Deneen asked if the applicant is required to submit a construction plan as on how they will not impact other business parking. Hark stated they are not required to submit a plan, and that it would be worked out with the landlord instead. Vargas stated that there is going to be a lot of pressurized work done with gases, in conjunction with when the fireworks stand is going to be there. Hark said that there is a distance between them, the contractor should be aware of that, and the fireworks sales are only about two weeks. Sahnow opened the public hearing. No one wished to speak. Motion by Hoium, seconded by Kaiser, to close the public hearing and waive the reading of the draft resolution attached, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Kaiser, seconded by Hoium, to recommend that the Planning Commission 18 Item 2. City of Columbia Heights MINUTES June 07, 2022 Planning Commission Page 10 recommend to the City Council approval of the Conditional Use Permit as presented, subject to the conditions stated in the draft resolution. All ayes. MOTION PASSED. OTHER BUSINESS Hark stated that they received a third application, but the application was deemed incomplete. She stated that if the completed application is received soon, there will be a meeting scheduled in July 2022, otherwise there isn’t any other pending projects, so the next meeting would take place in August 2022. Hark stated they are still waiting on the “Rainbow Site” to start their public engagement process and show their plans, which when ready, will then be brought to the Planning Commission for viewing and feedback. Hoium asked about the project behind the Public Safety Building. Hark stated they are working on the sale of the city land, and they have resubmitted their building plan review; they are still hoping to break ground this summer. Hoium asked about SACA and Hark replied that she has not heard from SACA in a while. Kaiser asked about the occupancy date of the new city hall. Hark stated that there is a delay in some mechanical equipment so it is tentatively planned for winter or possible spring, however, the apartments should be ready by the end of the year. ADJOURNMENT Motion by Vargas, seconded by Novitsky, to adjourn the meeting at 6:29 pm. All ayes. MOTION PASSED. Respectfully submitted, ________________________________ Alicia Howe, Administrative Assistant 19 Item 2. PLANNING COMMISSION MEETING AGENDA SECTION PUBLIC HEARING MEETING DATE AUGUST 3, 2022 ITEM: Zoning Ordinance (Map Amendment) -Rezoning of Property DEPARTMENT: Community Development BY/DATE: Aaron Chirpich, CD Director – 7/28/2022 CASE NUMBER: 2022-0801 DATE: August 3, 2022 TO: Columbia Heights Planning and Zoning Commission APPLICANT: City of Columbia Heights DEVELOPMENT: Municipal Liquor Store Rezonings from GB, General Business to PO, Public and Open Space LOCATIONS: 4950 Central Avenue NE (Top Valu Liquor #1) 2107 37th Avenue NE (Top Valu Liquor #2) 5225 & 5233 University Avenue NE (Top Valu Liquor #3) REQUEST: Zoning Ordinance (Map) Amendment PREPARED BY: Bob Kirmis, Consultant City Planner INTRODUCTION The City of Columbia Heights has initiated the rezoning of its three municipal liquor store sites from GB, General Business to PO, Public and Open Space. Specifically, the rezoning of the following properties is proposed: Top Valu Liquor Store #1 located at 4950 Central Avenue NE Top Valu Liquor Store #2 located at 2107 37th Avenue NE Top Valu Liquor Store #3 located at 5225 & 5233 University Avenue NE The intent of the rezoning request is to app ly zoning designations to the three liquor store sites which reflect their ongoing “public use.” The PO District specifically references “publicly owned and operated facilities” as a permitted use. To be noted is that the City’s parks, and other municipal building sites (including City Hall, the Library and public works building) were similarly rezoned to PO, Public Open Space in 2008. Also, to be noted is that no changes in land use are proposed as a result of the rezoning. 20 Item 3. Page 2 COMPREHENSIVE PLAN All three liquor store sites are guided for “commercial use” by the City’s Comprehensive Plan. As previously indicated, no changes in land use are proposed as a result of the proposed rezoning. In this regard, the existing municipal liquor store uses will re main intact. Thus, the existing land uses are consistent with the directives of the City’s Comprehensive Plan which directs commercial uses upon the various sites. ZONING ORDINANCE Lot Requirements In consideration of the proposed zoning changes, it is considered worthwhile to examine the minimum lot requirements imposed in the PO zoning district to determine whether the rezoning action will result in the creation of non-conforming lot and/or setback conditions. For comparative purposes, the following table provides a comparison of minimum lot requirements imposed in the GB, General Business District and PO, Public and Open Space District: General Business District Public and Open Space District Lot Area 6,000 square feet None Lot Width 40 feet None Building Setbacks Front Yard 15 feet 25 feet Side Yard (interior) None 5 feet Side Yard (corner) None 10 feet Rear yard 15 feet 20 % of lot depth Parking Setbacks Front Yard 15 feet 5 feet Side Yard (interior) 5 feet 3 feet Side Yard (corner) 15 feet 3 feet Rear yard 5 feet 3 feet Maximum Height 35 feet None While the lot area, width and parking setback requirements in the PO District are less restrictive than those imposed in the GB District, the building setback requirements in the PO District are more restrictive. Both Liquor Store # 2 and Liquor Store #3 presently overlay two parcels of land and are occupied by buildings which are bisected by side property lines. As a result, the buildings do not meet the mini mum 5-foot side yard setback requirement which is imposed in the PO District. To eliminate this issue, it is recommended that the two parcels which comprise each site be combined. Liquor Store # 2 exhibits a lot depth of 260 feet which, under PO District zoning, would result in a minimum rear yard setback requirement of 52 feet. With a rear yard setback of 28 feet, the existing building does not meet the rear yard setback requirement imposed in the PO District. 21 Item 3. Page 3 Liquor Store #3 exhibits a lot depth of 12 8 feet which, under PO District zoning, would result in a minimum rear yard setback requirement of 26 feet. With a rear yard setback of 10 feet, the existing building does not meet the yard setback requirements imposed in either the GB or PO Districts. T he existing setback was however, legally established and therefore holds grandfather rights. Any new construction on the site would be subject to PO District development standards. Lot Combinations As previously indicated, it is recommended that the two underlying parcels which comprise the Liquor Store #2 site and the Liquor Store #3 site, as described below, be legally combined. Top Valu Liquor Store #2 2105 37th Avenue NE (PID’s 36-30-24-44-0025 & 36-30-24-44-0026) Top Valu Liquor Store #3 5225 University Avenue NE and 5233 University Avenue NE (PID’s 26-30-24-21-0093 & 26-30-24-21-0094) To be noted is that the lot combination action is considered independent of the rezoning action now under consideration. Dynamic LED Sign Requirements While independent of the rezoning action, it is important to note that the proposed rezoning would result in a change to the dynamic LED sign requirements which would apply to the three liquor store sites. The GB, General Business District limits dynamic LED signs to monument signs for conditionally permitted uses. In contrast, dynamic signs located within PO Public and Open Space Districts are allowed upon existing pylon signs. FINDINGS OF FACT - ZONING ORDINANCE (MAP) AMENDMENT Section 9.104 (F) of the Columbia Heights Zoning Code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The City’s 2040 Comprehensive Plan guides the three mun icipal liquor store sites for “commercial” use. No changes in use are proposed as a result of the rezoning. Thus, the proposed zoning change is consistent with the land use directives of the City’s Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The City of Columbia Heights owns all parcels which are affected by the proposed zoning amendment. The proposed rezoning of the City’s municipal liquor sites is consistent with previo us City actions involving the rezoning of other City owned public uses from a variety of zoning designations to PO, Public and Open Space. 22 Item 3. Page 4 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. All three liquor store sites are located within commercially zoned areas of the City. The proposed zoning amendment will not result in any land use changes. In this regard, the existing and future land uses are considered compatible with surrounding uses. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The City’s PO, Public and Open Space zoning district was created in 2008 for the purpose of creating a district which allows areas of the City to be retained and utilized for, public uses, open space and to provide a holding zone for future development. While most public uses in the City were subsequently rezoned to PO, Public and Open Space designations in 2008, the City’s municipal liquor store sites were not. The proposed zoning change represents a consistent application of the PO zoning district throughout the City. RECOMMENDATION Staff recommends that the Planning Commission recommend the following to the City Council: Approval of the rezoning of the following parcels (the City’s three municipal liquor store sites) from GB, General Business to PO, Public and Open Space: Top Valu Liquor Store #1 4950 Central Avenue NE (PID 26-30-24-14-0143) Legal description available at City Hall Top Valu Liquor Store #2 2105 37th Avenue NE (PID’s 36-30-24-44-0025 & 36-30-24-44-0026) Legal description available at City Hall Top Valu Liquor Store #3 5225 University Avenue NE and 5233 University Avenue NE (PID’s 26-30-24-21-0093 & 26-30-24-21-0094) Legal description available at City Hall RECOMMENDED MOTION(S): MOTION: Move to close the public hearing and waive the reading of draft Ordinance No. 1680 there being ample copies available to the public. 23 Item 3. Page 5 MOTION: Move to recommend that the Planning Commission recommend to the City Council approval of draft Ordinance No. 1680 and the zoning amendments as presented. ATTACHMENT(S): Draft Ordinance No. 1680 Application and Narrative Site Locations Map 24 Item 3. DRAFT ORDINANCE NO. 1680 A ZONING ORDINANCE (MAP) AMENDMENT PERTAINING TO THE REZONING OF THE CITY’S MUNICIPAL LIQUOR STORE SITES FROM GB, GENERAL BUSINESS TO PO, PUBLIC AND OPEN SPACE SECTION 1 Whereas, the City of Columbia Heights has initiated the rezoning of its three municipal liquor store sites from GB, General Business to PO, Public and Open Space; and Whereas, the rezoning pertains the following described parcels: Top Valu Liquor Store #1 4950 Central Avenue NE (PID 26-30-24-14-0143) Legal description available at City Hall Top Valu Liquor Store #2 2105 37th Avenue NE (PID’s 36-30-24-44-0025 & 36-30-24-44-0026) Legal description available at City Hall Top Valu Liquor Store #3 5225 University Avenue NE and 5233 University Avenue NE (PID’s 26-30-24-21-0093 & 26-30-24-21-0094) Legal description available at City Hall; and Whereas, the City of Columbia Heights recognizes that the PO, Public and Open Space zoning district allows for “publicly owned and operated facilities” which includes the City’s three municipal liquor store sites; and Whereas, the City of Columbia Heights recent practice is to include publicly owned parcels in the PO, Public and Open Space zoning district; and Whereas, the rezoning of the subject parcels is consistent with the City’s 2040 Comprehensive Plan and is in the public interest (and not solely for the benefit of a single property owner); and Whereas, the City of Columbia Heights recognizes that, unlike the GB, General Business District, the PO, Public and Open Space District allows dynamic LED signs to be located upon existing pylon signs; and Whereas, the Planning Commission held a public hearing as required by the City Zoning Code on August 3, 2022, and reviewed the rezoning request; and Whereas, the Planning Commission recommends that the City Council approve the rezoning of the previously described municipal liquor store parcels from GB, General Business to PO, Public and Open Space. 25 Item 3. City of Columbia Heights - Zoning Ordinance (Map) Amendment Page 2 THEREFORE, BE IT FURTHER RESOLVED that the City Council agrees with the recommendation of the Planning Commission and hereby approves the rezoning of the previously described municipal liquor store parcels from GB, General Business to PO, Public and Open Space. SECTION 2 This Ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: __________________________________ Amáda Márquez Simula, Mayor ______________________________________ Sara Ion, City Clerk 26 Item 3. 27 Item 3. 28 Item 3. 29 Item 3. 30 Item 3. 31 Item 3. 32 Item 3. 33 Item 3. PLANNING COMMISSION MEETING AGENDA SECTION PUBLIC HEARING MEETING DATE AUGUST 3, 2022 ITEM: Conditional Use Permit for Dynamic LED Sign DEPARTMENT: Community Development BY/DATE: Aaron Chirpich – 7/28/2022 CASE NUMBER: 2022-0801 DATE: August 3, 2022 TO: Columbia Heights Planning and Zoning Commission APPLICANT: City of Columbia Heights DEVELOPMENT: Municipal Liquor Store - Dynamic LED Sign CUP LOCATION: 5225 University Avenue NE REQUEST: Conditional Use Permit for Dynamic LED Sign PREPARED BY: Bob Kirmis, Consultant City Planner INTRODUCTION The City of Columbia Heights has requested approval of a conditional use permit (CUP) to allow the installation of a dynamic LED sign upon its Top Valu municipal liquor store #3 site located at 5225 University Avenue NE. The LED sign is proposed to comprise the bottom one -half of an existing pylon sign which presently exists upon the site. The existing sign measures 100 square feet in area (per side) and 25 feet in height. Currently, the pylon sign advertises the former Goodyear tire store and municipal liquor store #3. This conditional use permit request coincides with the planned expansion of the liquor store to include the former Goodyear tire store space. As a result of the liquor store expansion, the pylon sign will advertise the sole occupant of the building, that being Top Valu Liquor. The current, “Top Valu Liquor” sign will be moved to comprise the top one-half of the pylon sign. To accommodate the dynamic LED sign, the subject site was recently rezoned from GB, General Business to PO, Public and Open Space. Within the PO District, dynamic signs which are utilized on existing pylon si gns are allowed by conditional use permit (per Section 9.106(P)(8) of the Sign Code). The GB, General Business District only allows dynamic LED signs on monument signs (by CUP). COMPREHENSIVE PLAN The City’s Comprehensive Plan guides the subject site for “commercial” use. The expanded liquor store use is considered commercial in nature and therefore is consistent with the land use directives of the Comprehensive Plan. 34 Item 4. Page 2 The proposed dynamic LED sign component will allow the City to potentially convey info rmation which is considered beneficial to the community (as a public use). This in turn, is consistent with the goals of the Comprehensive Plan. ZONING ORDINANCE The subject site is zoned PO, Limited Business, within which dynamic LED signs which are affixed to an existing pylon sign are allowed by conditional use permit. The following is a listing of land uses and zoning designations which surround the subject site: Zoning Land Use North GB, General Business Commercial (Beauty Salon) South GB, General Business Commercial (dental office) East R-2A, One and two Family Residential Single family residential West Multi-family residential City of Fridley As shown on the submitted sign plan, the top one-half of the pylon sign will advertise the Top Valu Liquor store. This portion of the sign is to be two-sided, measure approximately 50 square feet in size (per side) and will not include a dynamic sign LED component. The lower half of the sign likewise measures 50 square feet in area (per side) and is to be comprised of dynamic LED signage. Dynamic LED signs are regulated by Section 9.106 (P)(8)(a) of the Sign Code which imposes the following requirements: 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. 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 when 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. 35 Item 4. Page 3 4. The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effect s. 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. 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). As a condition of conditional use permit approval, all applicable dynamic LED sign requirements of the Sign Code should be satisfied. FINDING OF FACT Section 9.104 (H) of the Zoning Ordinance outlines certain findings of fact that must be met in order for the City to approve 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. Digital LED signs are specifically listed as a conditional use in the PO, Public and Open Space District. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The use has been and will continue to be in harmony with the purpose of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. The City will need to abide by the specific development standards of the Sign Code related to LED signs. The standards were adopted for the purpose of limiting adverse impacts upon surrounding properties. Given the location of the existing pylon sign, its orientation along University Avenue and that the sign presently exists, Staff feels that the use will not negatively impact neighboring properties. 36 Item 4. Page 4 (d) The use will not substantially diminish the use of property in the immediate vicinity. The use will of property will not be diminished as a result of the erection of the dynamic LED sign upon the subject site. (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 City will need to abide by the specific development standards of the City Code related to dynamic LED signs. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The use and property upon which the liquor store is located is 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. The placement of an LED sign component upon the existing pylon sign will have no impact on traffic congestion. (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 use will not have a negative cumulative effect upon uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. As a condition of conditional use permit approval, the LED sign must comply with applicable City Code requirements. RECOMMENDATION Staff recommends approval of the Conditional Use Permit for property at 5225 University Avenue NE (PID’s 26-30-24-21-0093 & 26-30-24-21-0094) subject to the following conditions: 1. The dynamic LED sign shall not occupy no more than 60 percent of the actual copy and graphic area. The remainder of the sign shall not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area shall be allowed on a sign face. 2. The dynamic LED sign shall not change or move more often than once every ten seconds, except for when changes are necessary to correct hour and minute, date, or temperature information. 37 Item 4. Page 5 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 shall not change or move more often than once every ten seconds. 4. The images and messages displayed shall be static, and the transition from one static display to another shall be instantaneous without any special effects. Motion, animation and video images shall be prohibited. 5. The images and messages displayed on the LED sign shall be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. The LED sign shall be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays shall also be equipped with a means to immediately discontinue the display if it malfunctions. 7. The dynamic LED sign shall 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. 8. The dynamic LED sign shall 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. RECOMMENDED MOTION(S): MOTION: Move to close the public hearing and waive the reading of draft Resolution 2022 -68, there being ample copies available to the public. MOTION: Move to recommend that the Planning Commission recommend to the City Council approval of draft Resolution 2022-68 as presented subject to the conditions stated in the resolution. ATTACHMENT(S): Draft Resolution 2022-68 Application and Narrative Location Map Sign Plans 38 Item 4. DRAFT RESOLUTION NO. 2022-68 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A DYNAMIC LED SIGN FOR A MUNICIPAL LIQUOR STORE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2022-0801) has been submitted by City Staff to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 5225 University Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.106 (P)(8)(a), to allow a dynamic LED sign in the PO, Public and Open Space District WHEREAS, the subject site is zoned PO, Public and Open Space which makes an allowance for dynamic LED signs which are utilized on existing pylon signs; and WHEREAS, the applicant plans to affix a dynamic LED sign to an existing pylon sign, and WHEREAS, the Planning Commission held a public hearing, as required by the City Zoning Code, on August 4, 2022; and recommended approval of the conditional use permit subject to various conditions; and WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that, after reviewing the proposal, the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 39 Item 4. DRAFT 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The dynamic LED sign shall not occupy no more than 60 percent of the actual copy and graphic area. The remainder of the sign shall not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area shall be allowed on a sign face. 2. The dynamic LED sign shall not change or move more often than once every ten seconds, except one for when 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 shall not change or move more often than once every ten seconds. 4. The images and messages displayed shall be static, and the transition from one static display to another shall be instantaneous without any special effects. Motion, animation and video images shall be prohibited. 40 Item 4. DRAFT 5. The images and messages displayed on the LED sign shall be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. The LED sign shall be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays shall also be equipped with a means to immediately discontinue the display if it malfunctions. 7. The dynamic LED sign shall 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. 8. The dynamic LED sign shall 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. Passed this 22nd day of August 2022 Offered by: Seconded by: Roll Call: __________________________________ Amáda Márquez Simula, Mayor Attest: ______________________________________ Sara Ion, City Clerk 41 Item 4. 42 Item 4. 43 Item 4. 44 Item 4. Signage Design Rev(0) February 18th, 2022 7775 MAIN STREET NE, FRIDLEY, MN 55432 | P 763.754.2899 | F 763.767.7316 | WWW.ALBRECHTSIGNCOMPANY.COM 45 Item 4. Existing Scale: 3/16" = 1' Updated Scale: 3/16" = 1' 2 Revision 01 02 03 04 05 06 07 08 09 Update Customer Signature of Approval Type Units Type Units LED Module Power Supply DESIGN | FABRICATION | INSTALLATION | SERVICE This sign is intended to be installed in accordance with the requirements of Article 600 of the National Electrical Code and/or other applicable local codes. This includes proper grounding and bonding of the sign. The location of the disconnect switch after installation shall comply with Article 600.6(A)(1) of the National Electrical Code. 7775 Main St. N.E., Fridley, MN 55432 P: 763.754.2899 | F: 763.767.7316 www.AlbrechtSignCompany.com Copyright 2022, By Albrecht Sign Company, Inc. All Designs Presented Are The Sole Property Of Albrecht Sign Company Inc., And May Not Be Reproduced In Part Or Whole Without Written Permission From Albrecht Sign Company Inc Photo Renderings Are Not To Scale. Colors In This Drawing Are For Representation Purposes Only And May Differ From Finished Product, Physical Color Samples Can Be Provided Upon Request. City of Columbia Heights: Top Value | Good Year Client Address: 590 40th Ave NE Columbia Heights, MN 55421 Start Date: 2/18/2022 Last Revision Date: N/A Job Number: N/A Drawing Revision: N/A Sales Representative: CJ Designer: RD REMOVE AND DISPOSE OF GOOD YEAR FACES. RELOCATE TOP VALU FACES TO TOP CABINET. INSTALL NEW DAKTRONICS EMC INTO EXISTING BOTTOM CABINET. VERIFY IF EXISTING POWER WILL SUPPORT 2 EMCS. ONE OF THE best selectionS of Single Malt Scotch Whisky & Bourbons in the Twin Cities ONE OF THE best selectionS of Single Malt Scotch Whisky & Bourbons in the Twin Cities 46 Item 4. Color: N/A N/A ST-100 DaktronicsPaint Finish: Vinyl: Digital Print: Black MP Black N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/AOther: Single Face: Double Face: Square Feet: Illuminated: Non-Illuminated: 49.4Quantity:2 A Section View Scale: 3/4" = 1' Face View Scale: 1/2" = 1' Face View Scale: 1/2" = 1' (2) .125" Aluminum faces painted MP Black. Splice face in 2 sections. Routed hole for Daktronics EMC. Fasten w/ CS screws into existing retainer. (2) 2x3 Steel angle frames. Supply additional loose steel angle for in field installation. 3 Revision 01 02 03 04 05 06 07 08 09 Update Customer Signature of Approval Type Units Type Units LED Module Power Supply DESIGN | FABRICATION | INSTALLATION | SERVICE This sign is intended to be installed in accordance with the requirements of Article 600 of the National Electrical Code and/or other applicable local codes. This includes proper grounding and bonding of the sign. The location of the disconnect switch after installation shall comply with Article 600.6(A)(1) of the National Electrical Code. 7775 Main St. N.E., Fridley, MN 55432 P: 763.754.2899 | F: 763.767.7316 www.AlbrechtSignCompany.com Copyright 2022, By Albrecht Sign Company, Inc. All Designs Presented Are The Sole Property Of Albrecht Sign Company Inc., And May Not Be Reproduced In Part Or Whole Without Written Permission From Albrecht Sign Company Inc Photo Renderings Are Not To Scale. Colors In This Drawing Are For Representation Purposes Only And May Differ From Finished Product, Physical Color Samples Can Be Provided Upon Request. City of Columbia Heights: Top Value | Good Year Client Address: 590 40th Ave NE Columbia Heights, MN 55421 Start Date: 2/18/2022 Last Revision Date: N/A Job Number: N/A Drawing Revision: N/A Sales Representative: CJ Designer: RD 15.85mm - Daktronics - RGB. PN: 3112267 3' - 6 1/4" 10'-4 13/16" 10'-7 13/16" 2' - 0 15 /16 " 2' - 6 15 /16 " 14'-0 1/4" 2' - 6 1/8" 10'-7 13/16" 2'-4 3/4" 1'-0 3/4" 47 Item 4.