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HomeMy WebLinkAboutJanuary 4, 2000CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 MEMBERS Tom Ramsdell, Chair Marlaine Szurek Rory Franzen Kevin Hanson Ted Yehle PLANNING AND ZONING COMMISSION REGULAR MEETING 7:00 P.M. TUESDAY, JANUARY 4, 2000 CITY COUNCIL CHAMBERS 590 N.E. 40TM AVENUE 1. Call to Order. 2. Roll Call. 3. Nomination and Election of Chairperson. 4. Minutes from the meeting of December 7, 1999, as presented in writing. OLD BUSINESS: A. None. NEW BUSINESS: Public Hearing Zoning Text Amendment Case #2000-0101. City of Columbia Heights 7. Staff Reports. 8. Adjourn. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Case: 2000-0101 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE JANUARY 4, 2000 PUBLIC HEARING Case #: 2000-0101 GENERAL INFORMATION Applicant: Owner: Not Applicable Address: Not Applicable Phone: Not Applicable Parcel Address: Not Applicable Zoning: CBD, Central Business District Comprehensive Plan: C - Commercial City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN (612) 782-2856 Surrounding Zoning and Land Uses: Zoning North: Not Applicable South: Not Applicable East: Not Applicable West: Not Applicable Land Use North: Not Applicable South: Not Applicable East: Not Applicable West: Not Applicable BACKGROUND Explanation of Request: At their regular meeting on December 7, 1999, the Columbia Heights Planning and Zoning Commission moved to direct staffto initiate the necessary process for a zoning text amendment to allow five for sale vehicles to be displayed at any time in the Central Business District as opposed to two which is currently allowed. Case Histo~. : Richard Lange, President of First Community Credit Union at 843 40th Avenue NE, has approached staff about the possibility of amending Section 9.112(2)(0) of the Columbia Heights Zoning Ordinance which regulates car sales and fleet sales in the CBD, Central Business District. Currently car sales and fleet sales are permitted as a Conditional Use Permit in the CBD. Please note that a zoning text amendment needs to be initiated by either the City Council or the Planning and Zoning Commission. First Community Credit Union currently has a Conditional Use Permit to sell vehicles from their Case: 2000~0101 Page: 2 site. Mr. Lange is requesting that the number of cars permitted for sale increase from two to five. The Credit Union currently has an Auto Brokers License, but they want to receive a used car dealers license from the State. In order to receive a used car dealers license the applicant needs to have authority to display a minimum of five cars on a lot. The used car dealers license will enable the Credit Union to buy cars for their members at auto dealers auctions. The following provides a briefcase history for the Credit Union property at 843 40th Avenue NE. · Case 9510-45 was a request by the Credit Union for a Conditional Use Permit to allow the operation of a two-day car sales promotion in their parking lot. This request was approved provided that no more than two, two-day car sales for members only took place per year. · Case 9601-01 was a request for a Conditional Use Permit to allow the operation of a permanent car sales lot with up to five vehicles on display in their parking lot. This request was denied because a permanent car sales lot was not allowed in the Central Business District. · Case 9603-12A was a request for an amendment to the Conditional Use Permit section of the Central Business District portion of the Zoning Ordinance that was initiated by the City Council to facilitate operation of a car sales/fleet sales for the Credit Union. The proposed amendment (Section 9.112(2)(0)) was approved. · Case 9603-12B was a request by the Credit Union for a Conditional Use Permit to allow the ongoing sale of two vehicles on their parking lot which was approved. ANALYSIS Technical Review: Section 9.112(2)(o) of the Columbia Heights Zoning Ordinance currently reads as follows. 9.112(2)(o) Car Sales/Fleet Sales/Advertisement provided that: (i) The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. (ii) The "for sale" or "fleet" vehicles cannot eliminate required parking spaces. (iii) No more than two (2) cars will be permitted for such use at any time. (iv) No "for sale" or "fleet" vehicle can remain on the lot for more than fourteen (14) days at any one time. The proposed amendment reads as follows: 9.112(2)(o) Car Sales/Fleet Sales/Advertisement provided that: (i) The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. (ii) The "for sale" or "fleet" vehicles cannot eliminate required parking spaces and must be parked entirely on a privately owned parking lot(s) with a surface impermeable to oil and water, such as asphalt or concrete. (iii) No more than two-(~ five (5) cars will be permitted for such use at any time. (iv) No "for sale" or "fleet" vehicle can remain on the lot for more than fourteen (14) days at any one time. fy_) Size, type and style of any signage for such vehicle must be within the vehicle at all Case: 2000-0101 Page: 3 times and approved by staff. As noted previously, no more than two vehicles are permitted for sale at one time and the "for- sale" or "fleet" vehicles cannot eliminate required parking spaces. Also, Section 9.116(2)(m) of the Zoning Ordinance states that required off-street parking space in all districts shall not be used for the storage of vehicles that are for sale or for rent. First Community Credit Union currently has 17 parking spaces available on site and 15 are required, so utilizing two spaces to store for sale vehicles is consistent with zoning regulations. However, this property is located within the downtown parking district, and those non-residential parcels located in the district are not required to provide off-street parking facilities. As a result, if the number of parking spaces designated to display for-sale vehicles were increased from two to five, parking requirements will not be violated. Please note that the amended language for subpart (ii) states that vehicles must be parked entirely on a privately owned parking lot(s) with a surface impermeable to oil and water, such as asphalt or concrete. This will alleviate concerns about parking for-sale or fleet vehicles on-street or in one of the municipal parking ramps/lot, and it will also ensure that for-sale or fleet vehicles are parked on a hard surface. Staff has reviewed other sections of the Zoning Ordinance, and auto sales are allowed in other districts, as follows: RB, Retail Business District, as a Conditional Use Permit. 9.113(2)(k) Vehicles not to exceed 2 tons, for sale in conjunction with only automobile repair businesses which do not sell fuel, provided that the following requirements are met: 1) Parking area for car sales cannot eliminate required parking spaces for primary use. 2) No more than ten (10) vehicles can be displayed for sale at any one time. 3) Traffic flow on lot, lighting, parking lot striping must be approved through the Conditional Use Permit process before approval for such operation can be granted. 4) Size, type and style of any signage for such vehicle must be within the vehicle at all times and approved by staff. 5) All required state and local licenses must be obtained. GB, General Business District, as a Permitted Use. 9.114(1)(c) Auto and truck sales, auto repair. I-2, Industrial Business District, as a Conditional Accessory Use. 9.115A(2)(b) (i) (ii) (iii) (iv) Auto sales, subject to the following conditions: The use of the property for auto sales must be accessory only to auto repair or auto reduction yards. The permitted and accessory uses must be on a site plan approved by the Planning and Zoning Commission or by the City Council. An open auto sales lot must comply with the provisions of Section 9.116(14). All autos presented for sale must be parked on an impermeable to oil and water surface in good repair, such as asphalt or concrete and on parking spaces no Case: 2000-0101 Page: 4 (v) (vi) (vii) smaller than twenty feet (20') in length by ten feet (10') in width. No more than fifteen (15) cars may be available for sale at any given time. All cars offered for sale must be stored within a securely fenced area. All customer and employee parking must be located on a parking lot with a surface impermeable to oil and water, such as asphalt or concrete, said surface must be maintained in a condition of good repair. As evidenced by the information listed above, the City is somewhat inconsistent in our regulation of auto sales. Staff will recommend that this issue be reviewed in more detail as we rewrite the Zoning Ordinance. One concern is the potential impact that increasing the number of vehicles that can be displayed for sale may have on the Central Business District. As a reminder, an application for a Conditional Use Permit to allow auto/fleet sales can be made by any property owner in the District. It is not limited to the Credit Union. Car sales lots are generally not desired in a Central Business District which is typically associated with higher density retail sales and service based businesses. The question arises whether increasing the number of cars allowed for sale from two to five will have an impact on Columbia Heights' Central Business District. Compliance with Ci~_ Comprehensive Plan: The City Comprehensive Plan designates this area for future commercial development and as an area of special planning interest. The commercial designation is designed to accommodate retail sales, offices, service businesses (no outdoor storage or significant truck traffic, compatible with a retail or office environment). The Plan also states that the City should continue to promote the long-term evolution of the 40th Avenue corridor to commercial as opposed to residential. The proposal does not seem to impact the goals and objectives of the Comprehensive Plan. The positive aspects of this proposal are as follows: 1. The zoning text amendment would allow First Community Credit Union to enhance their service to their customers by enabling them to receive a used car dealers license from the State of Minnesota. The negative aspects of this proposal are as follows: 1. Increasing the number of vehicles that can be displayed for sale may have a negative impact on the image of the Central Business District CONCLUSION Staff Recommendation: Based upon the discussion that occurred during the December 7, 1999, Planning and Zoning Commission meeting, it does not appear that increasing the number of vehicles allowed for sale from two to five will be detrimental to the Central Business District. However, staffhas noted that there are some inconsistencies in our regulation of auto sales throughout the City, so staff is Case: 2000-0101 Page: 5 recommending that this issue be evaluated in more detail as the City rewrites the Zoning Ordinance. Recommended Motions: Move to recommend City Council approval of Ordinance 1404, an Ordinance amending Section 9.112(2)(0) of the Columbia Heights Zoning Ordinance. Move to direct staff to evaluate the regulations pertaining to auto sales in all zoning districts during the Zoning Ordinance rewrite process. Attachments: · Completed application form; Ordinance 1404; and, Public Notice published in December 23 edition of the Focus News CITY OF COLUMBIA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Case No: 7_0oo-o ~ - 0 ~ Fee: Date Paid Receipt No: 1. Street Address of Subject Property: 2. Legal Description of Subject Property.' Applicant: 4. Owner: Address: ~ 6) ~'1 W/~L-~~ ~ Address: Phone: ~ t~ ~ ~] - ~ ~ Phone: Zoning: Applicable City Ordinance Number Present Use Proposed Zoning. Proposed Use 7. Reason for Request: 8. Exhibits Submitted (maps, diagrams, etc.) e Acknowledgment and Signature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of Minnesota. Taken By:_ ORDINANCE NO. 1404 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 1: Section 9.112(2)(o) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.112(2)(o) Car Sales/Fleet Sales/Advertisement provided that: (i) The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. (ii) The "for sale" or "fleet" vehicles cannot eliminate required parking spaces. (iii) No more than two (2) cars will be permitted for such use at any time. (iv) No "for sale" or "fleet" vehicle can remain on the lot for more than fourteen (14) days at any one time. Shall be repealed and hereafter be amended to read as follows: 9.112(2)(o) Car Sales/Fleet Sales/Advertisement provided that: (i) The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. (ii) The "for sale" or "fleet" vehicles cannot eliminate required parking spaces and must be parked entirely on a privately owned parking lot(s) with a surface impermeable to oil and water, such as asphalt or concrete. No more than two-(-2-) five (5) cars will be permitted for such use at any time. No "for sale" or "fleet" vehicle can remain on the lot for more than fourteen (14) days at any one time. Size, type and style of any signage for such vehicle must be within the vehicle at all times and approved by staff. (iii) (iv) Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Seconded by: Roll Call: First Reading: Second Reading: Date of Passage: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk OFFICIAL PUBLICATION CITY OF COLUMBIA HEIGHTS NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission for the City of Columbia Heights, Minnesota will conduct a public hearing on Tuesday, January 4, 2000, in the City Council Chamber of City Hall at 590 40t~ Avenue NE at approximately 7:00 p.m. The order of business is as follows: A request for an amendment to Section 9.112(2)(0) of the Columbia Heights Zoning Ordinance which regulates car sales in the CBD, Central Business District. The Ordinance currently states that no more than two cars can be displayed for sale at any one time. The request is to amend the requirement so that no more than five cars can be displayed for sale at any one time. All persons having an interest in the program will be given the oppommity to be heard. Publish Focus News December _o, 1999: The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation ~vill be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800 to make arrangements. (TDD/782-2806 for deaf onl,v). COMMUNITY DEVELOPMENT DATE: TO: FROM: RE: DECEMBER 30, 1999 PLANNING AND ZONING COMMISSION JOE HOLLMAN, CITY PLANNE~/ PROPOSED PRELIMINARY PLATFOR GREIF BROTHERS Background: Attached, please find a copy of the proposed preliminary plat for Greif Brothers property at 3755 University Avenue NE and 317 37th Avenue NE which has been submitted for an initial review by the Planning and Zoning Commission. The property currently owned by Greif Brothers consists of two parcels totaling 5.64 acres. They are proposing to replat the property into a 4 acre lot and a 1.64 acre lot (lots are outlined in bold on attached plat). Their intent is to sell the 1.64 acre lot. Analysis: The proposed plat meets minimum requirements of the Columbia Heights Zoning Ordinance. However, staff is concerned that continuing to subdivide our industrial zoned parcels into smaller lots will have a detrimental impact on our plans to enhance the industrial area of the City. The Comprehensive Plan for the City designates this area for future commercial and industrial development, and it identifies the area for future industrial and commercial redevelopment. This area is noted as a location of special interest, and the Plan states that the City should continue to pursue opportunities to assist the industrial redevelopment and upgrading of these sites because this is the only industrial area in Columbia Heights. The Plan also states that a commercial opportunity also exists near the intersection of University and 37th Avenue. One of the goals of our 1999 draft Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment of targeted areas within the community. The plan further states that the quality of the southwest industrial area needs to be improved. The following objectives are listed in the draft Plan. 1. The City will amend the zoning ordinance to include aesthetic requirements for redevelopment and expansion projects. 2. The City will proactively promote redevelopment efforts in this industrial area to enhance tax capacity. 3. The City will promote the creation of higher wage jobs in this area. 4. The City will identify a redevelopment strategy for this area as part of its economic development plan and program. 5. The City will identify funding sources for redevelopment in this area, including tax increment financing (TIF), Department of Trade and Economic Development (DTED) Redevelopment Grants, and Metropolitan Council Livable Communities Demonstration Account funds. Planning and Zoning Commission Greif Brothers December 30, 1999 Page 2 o 7. 8. 9. 10. The City will identify non-conforming uses in the area and take action to bring them into compliance. The City will enhance the infi'astmcture in this area in order to encourage development and redevelopment. The City will identify potential brownfield sites within this area for mitigation and redevelopment. The City will encourage the elimination of land use conflicts on the edge of the industrial area. The City, through its economic development efforts, will attempt to attract new and innovative industrial uses to this area. It is staff's opinion that site assembly will be necessary to create redevelopment opportunities that will have a significant impact on the industrial area. Continuing to fragment the industrial district into smaller parcels is in conflict with this philosophy. At this point, the proposed plat is before the Planning and Zoning Commission for the purpose of discussion. Note that the applicant has been informed of staff's concerns, and he requested that the issue be discussed by the Commission. No formal motion or action needs to be taken at this point in time. S TA TE TR ?NK H I OH WA Y NUMBER 4 7 A V E /~ U E...~'4~'. N.E. ~ I,I r- ~ i STORY BLOCK 5 TH S T R E E T N.E. ~o FT. r-q o