HomeMy WebLinkAbout08-03-2022 Planning Commission MinutesPLANNING COMMISSION
City Hall—Council Chambers, 590 40th Ave NE
Wednesday, August 03, 2022
6:00 PM
MINUTES
CALL TO ORDER/ROLL CALL
The meeting was called to order at 6:00 pm by Vice Chair Kaiser.
Commissioners present:Connie Buesgens,Laurel Deneen, Stan Hoium, Tom Kaiser, Mark Vargas
Commissioners absent: Clara Wolfe, Mike Novitsky, Eric Sahnow
Also present:Aaron Chirpich, Community Development Director; Alicia Howe, Administrative Assistant;
Bob Kirmis, Planning Consultant; Floyd Josnik, VFW Post 230 Representative; Kevin Gilbertson, City
Resident
APPROVE MINUTES
1.Approval of May 3, 2022 Planning Commission Meeting Minutes
2.Approval of June 7, 2022 Planning Commission Meeting Minutes
Motion by Vargas, seconded by Hoium, to approve the Planning Commission Meeting
Minutes of May 3, 2022, and June 7, 2022.All ayes. MOTION PASSED.
PUBLIC HEARINGS
3.Zoning Ordinance (Map Amendment)-Rezoning of Property
Introduction:Chirpich reported that the City of Columbia Heights has initiated the rezoning
of its three municipal liquor store sites from General Business (GB)to Public and Open
Space (PO). 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, and Top Valu Liquor Store #3 located at 5225 & 5233 University
Avenue NE.
The intent of the rezoning request is to apply 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.
Chirpich further noted that the two items before the commission tonight are related, as
dynamic LED pedestal signs are only permitted within PO; Staff is unclear why these
properties were left out of the rezoning previously.
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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 Public Open Space in
2008. Also, to be noted is that no changes in land use are proposed as a result of the
rezoning.
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 remain 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.
A comparison of minimum lot requirements between the GB and PO districts were
provided.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 minimum 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.
Liquor Store #3 exhibits a lot depth of 128 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. The 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.
Zoning Ordinance -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
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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: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.
Staff comments:The City’s 2040 Comprehensive Plan guides the three municipal 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.
Staff comments: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 previous City actions involving the rezoning of other City owned
public uses from a variety of zoning designations to PO, Public and Open Space.
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.
Staff comments: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.
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Staff comments: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),Top Valu Liquor Store #2 2105 37th
Avenue NE (PID’s 36-30-24-44-0025 & 36-30-24-44-0026), and 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).
Chirpich added that due to two of the properties having two separate parcels, which the
City hopes to later combine, the buildings will be considered to have legally non-
conforming setbacks; any new buildings or additions would need to abide the PO district
standards.
Deneen asked about the combining of the PIDs on University Avenue.Chirpich stated they
would be combined into one PID and one address once the lot combination is completed.
Hoium asked if the rezoning to PO wasn’t done in 2008 because it isn’t open space.
Chirpich stated is it “public or open space”,so the parcels qualify because they are public.
Conversation ensued regarding how the zoning change would allow the City to place a
dynamic LED sign on a pylon once the rezoning was complete.
Further conversation ensued regarding the types of messages that have been displayed in
the past at other City sites with LED signs and the intent of there being City messages.
Hoium asked about the intent of the LED sign for the liquor store. Chirpich stated it is to
increase business for the liquor store and convey messages of general importance to the
residents of Columbia Heights.
Deneen asked about the differences between the monument and pylon sign, and if the
monument sign was less intrusive. Chirpich stated it is a preexisting pylon sign,however
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this item is just in regard to the rezoning, not the sign and should stand on its own and
asked the Commission to review the rezoning proposal independently.
Hoium asked if the rezoning has any other purpose other than allowing the sign. Chirpich
stated that is currently the desire, but from the finance department’s perspective there is a
an accounting and property taxation angle that makes it beneficial to have the sites clearly
identified as public.
Kaiser asked about other cities and how the municipal liquor stores are zoned. Chirpich
said that was not researched by Staff.
Kaiser opened the public hearing.
No one wished to speak.
Motion by Kaiser, seconded by Vargas,to close the public hearing and waive the reading of
draft Ordinance No. 1680 there being ample copies available to the public.All ayes.
MOTION PASSED.
Motion by Deneen, seconded by Vargas,to recommend that the Planning Commission
recommend to the City Council approval of draft Ordinance No. 1680 and the zoning
amendments as presented.A roll call vote was taken. 3 Ayes, 1 Nay (Hoium opposed).
MOTION PASSED.
4.Conditional Use Permit for Dynamic LED Sign
Introduction:Chirpich reported that 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 signs are allowed by conditional use permit (per Section
9.106(P)(8) of the Sign Code). The GB only allows dynamic LED signs on monument signs
(by CUP).
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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.
The proposed dynamic LED sign component will allow the City to potentially convey
information 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 by zoning and land use: North -General Business,Commercial (Beauty Salon);South -
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.
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4. The images and messages displayed must be static, and the transition from one static
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.
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.
Findings 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.
Staff comments: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.
Staff comments: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
Staff comments: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
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orientation along University Avenue and that the sign presently exists, Staff feels that the
use will not negatively impact neighboring properties.
(d) The use will not substantially diminish the use of property in the immediate vicinity.
Staff comments: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.
Staff comments: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.
Staff comments: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.
Staff comments: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.
Staff comments: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.
Staff comments: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.
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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.
Chirpich stated that that this item is dependent on the approval of the rezoning, which
requires a first and second reading, so this item would be on the agenda when the second
reading would be.
Kaiser said that Heartland Tire has closed and asked about the expansion into the store.
Chirpich said that the sale of the space was offered to the City first and it is the smallest of
the three liquor stores;it is also a revenue generating business and could potentially offset
the cost of acquisition.
Deneen asked about the City messaging and if there any standards set, such as percentage
of City messages. Chirpich stated that there isn’t a set percentage,but the Council could
direct the liquor stores more on the City messaging.
Kaiser stated that if there is an exception for PO zoned parcels to only be allowed to have
dynamic LED signs, that there should be more defined standards on City messaging.
Chirpich clarified that dynamic LED are allowed on monuments, the difference in this zone
is the allowed use on pedestal signs.
Hoium said that the dynamic sign is going to be distracting on University Avenue and he
thought there was an emphasis by MNDOT to minimize the distractions. Chirpich said that
the city code is set up to try to minimize the distraction,but the sign is a conditional use
which has a higher degree of scrutiny.
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Vargas asked why no safety guards is surrounding the sign. Chirpich said the approval
through the building department will look at the support of the sign.
Hoium asked if the City was trying to get around a rule that other businesses cannot.
Deneen discussed how it needs to be more defined on the City messaging to be able to
justify that.
Further conversation around the percentage of City messaging ensued. Chirpich stated that
the Commission can propose a percentage that can be recommended to the Council.
Chirpich discussed the difference between messaging and use in regard to the City only
having municipal liquor stores; therefore there are not other liquor operations that are in
competition versus other businesses wanting to have a similar type of sign, which would
need to be discussed further.
Chirpich stated that there are more discussions currently happening surrounding Central
Avenue and University Avenue traffic.The commission discussed some of the issues and
proposals.
Kaiser stated he believes that if a business was coming to the City about this type of pylon
sign, he wouldn’t be excited about it, and he doesn’t believe the City should be treated
differently.
Hoium said that he didn’t believe a business wanting a dynamic LED sign placed on a pylon
wouldn’t even make it this far. Chirpich concurred.
Kaiser opened the public hearing.
Floyd Josnik, VFW Post 230 representative, and Kevin Gilbertson, City resident, addressed
the commission. Gilbertson stated that this was discussed the week prior regarding Central
Avenue and the VFW wanted to replace their sign recently with a similar sign to the
proposed liquor store sign, with the bottom portion being a dynamic LED. He said that it
would display events and specials and they would be willing to display community events
as well.Josnik stated they would be willing to put messaging for the City on their sign and
they wanted to appear at the meeting so people would know what is going on within the
community.
Hoium asked for clarification on the VFW’s request and said they are currently not able to
have a dynamic LED pedestal sign.
Vargas asked about other sign options in other states that project the images onto the
building. Vargas stated that the VFW’s option to move their sign would obstruct the
sightline of pedestrians.
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Kaiser stated he doesn’t believe this is fair to make an exception to the City. Chirpich said if
it’s approved that it wouldn’t be an exception because it would be zoned as a PO district
and allowed by conditional use.
Kaiser asked if the commission doesn’t recommend approval if the Council would still
consider it along with the rezoning. Chirpich stated this was the case.
Deneen commented on University Avenue and how a higher sign may not be out of place
with a higher amount of traffic going through.
Hoium said he saw it oppositely because you don’t want people to stop.
Vargas stated the opportunity to have a sign would be helpful for City messaging with daily
traffic. Chirpich also said the City Hall has a similar sign.
Vargas said he doesn’t like either sign type,but the VFW provides a community gathering
place and same with the municipal liquor store in its own way;he added where there could
be on sale too.
Further comments were made about the future of the Central Avenue and University
Avenue and the impacts of these decisions.
Motion by Hoium, seconded by Vargas,to close the public hearing and waive the reading of
draft Resolution 2022-68, there being ample copies available to the public.All ayes.
MOTION PASSED.
Motion by Hoium to not recommend that the Planning Commission recommend to the City
Council approval of draft Resolution 2022-68.No second motion was made.
Commissioners discussed directing Staff in regard to making a recommendation to the
Council on the percentage of community messaging and consideration of CUPs for other
businesses that are seeking approval for a pylon sign.
Chirpich stated the commission cannot make a recommendation in regard to the City Code
for the PO district to the Council,but they can direct that to Staff for Council to consider.
Kaiser said that this vote should be focused on that this sign would be on publicly owned
property for the municipal liquor store.
Hoium said this is still a business, even though it’s the City. Chirpich stated he appreciated
the comments regarding the sign messaging and why the commission is torn in their
decision, but the municipal liquor stores are unique in their own right.
Further discussion ensued regarding other areas and businesses with pylon signs.
Motion by Vargas, seconded by Deneen,to recommend that the Planning Commission
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recommend to the City Council approval of draft Resolution 2022-68 subject to the
conditions stated in the resolution and the additional condition that the dynamic LED sign
display City messaging a certain percent of time.A roll call vote was taken. 3 Ayes, 1 Nay
(Hoium opposed).MOTION PASSED.
OTHER BUSINESS
Chirpich commented on attendance and stated that if commissioners are unable to participate in-
person,the City may be able to put out a notice in advance about the commissioner participating
virtually so then the commissioner could attend.
ADJOURNMENT
Motion by Vargas, seconded by Deneen, to adjourn the meeting at 7:11 pm. All ayes. MOTION PASSED.
Respectfully submitted,
_______________________________
Alicia Howe, Administrative Assistant