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Home My WebLink AboutMarch 14, 2000CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN $542!-3878 (612) 782-2800 TDD 782-2806 MEMBERS Tom Ramsdell, Chair Kevin Hanson Ted Yehle Stephen Johnson Daniel Shattuck PLANNING AND ZONING COMMISSION REGULAR MEETING 5:00 P.M. TUESDAY, MARCH 14, 2000 CITY COUNCIL CHAMBERS 590 N.E. 40TM AVENUE 1. CALL TO ORDER. 2. ROLL CALL. 3. MINUTES from the meeting of February 1,2000, as presented in writing. NEW BUSINESS: A. Public Hearing Conditional Use Permit Case #2000-0304 B. Public Hearing Conditional Use Permit Case #2000-0305 C. Public Hearing WITHDRAWN Conditional Use Permit Case #2000-0306 Ace Hardware. Re: 2261 37th Avenue NE Columbia Heights, MN Gregg Lundquist, Tires Plus Re: 5126 Central Avenue NE Columbia Heights, MN Jorge Jou-Zhang Re: 5050 Central Avenue NE Columbia Heights, MN OLD BUSINESS: A. Zoning Text Amendment Case #2000-0101 City of Columbia Heights 6. STAFF REPORTS. 7. 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: 2000-0304 Page 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE MARCH 14, 2000 PUBLIC HEARING Case #: 2000-0304 Owner: Larry Frattallone Address: Arden Hills, MN Phone: (651) 484-3327 Parcel Address: 2261 37t~ Ave. NE Zoning: RB - Retail Business District Comprehensive Plan: C - Commercial Surrounding Zoning Zoning and Land Uses: North: R-3 South: RB East: RB & LB West: RB GENERAL INFORMATION Applicant: Ace Hardware 2261 37th Ave. NE Columbia Heights (612) 788-9455 Land Use North: Multi-family residential South: Vacant East: Commercial West: Commercial BACKGROUND Explanation of Request: Dan Terzich, Manager of Ace Hardware, is requesting a Conditional Use Permit to allow the use of an accessory structure consisting ora 21' x 48' tent to be located in the far east side of the parking lot at 2261 37th Ave. NE from April 10, 2000 through July 31, 2000 for the purpose of conducting retail sales of green and flowering plants. Approximately eight (8) parking spaces would be eliminated directly in front of the Ace Hardware store. Case Histo~_ : This will be the 8th year Frattalone's Ace Hardware will operate their greenhouse in the same location. ANALYSIS Surroundin£ ProperS: RB~Retail Business is the existing zoning on the subject parcel and on property to the south, east, Case: 2000-0304 Page 2 and west. The zoning to the north of the subject parcel is zoned R-3, Multiple Family Residential, and is used for multi-family residential purposes. The area east across McKinley Street is zoned both RB, Retail Business, and LB, Limited Business, and is used commercially. Property south of the subject parcel within Columbia Heights is used as open space by the Lion's Club and is zoned RB, Retail Business. The proposed use will be consistent with the character of the surrounding property. Technical Review: The principal uses of the subject parcel are preexisting and comply with zoning regulations. Existing parking exceeds zoning requirements, and the property will still meet minimum parking requirements after the placement of the accessory structure over eight parking spaces. According to Section 9.113(2)(a) of the Zoning Ordinance, accessory buildings are only allowed as a Conditional Use within any "RB" Business District. The proposal is consistent with zoning regulations. Note that there will be two exits and two fire extinguishers in the tent. Please note that the Fire Department has reviewed and approved the plans. Compliance with City Comprehensive Plan: The Land Use Plan Map designates this area of Columbia Heights for future commercial activity, including retail sales, offices, and service businesses. The proposal is consistent with the intent of the City Comprehensive Plan. Summary: The positive aspects of this petition are as follows: 1. The proposal is consistent with the Columbia Heights Zoning Ordinance and Comprehensive Plan. 2. The proposed use has operated for each of the past seven years over a similar time period. CONCLUSION Stqf_f Recommendation: Staff recommends approval of the Conditional Use Permit provided a $500 deposit is submitted to the License/Permit Clerk prior to the installation of the structures on the site to ensure their removal at the end of the approved time period. Recommended Motion: Move to recommend City Council approval of the Conditional Use Permit to allow the operation of a temporary green and flowering plant sales tent at 2261 37th Avenue NE from April 10, 2000, through July 31, 2000, subject to the following condition: 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structure on the site. Attachments: Completed Application Form; Site Plan; Tent details; and, Public Notice CITY OF COLUMBIA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other X 1. Street Address of Subject Property= 2261N.E. 37th Avenue 2. Legal Description of Subject Property= Phone= ~' / - q ~ d- ~ ,%~ 7 Description of Request= Conditional Use Permit Zoning: Applicable City Ordinance Number Present Zoning Proposed Zoning Proposed Use 7~r=~ Reason for Request= to allow the placement of a tent in the p~rkinq lot for the ourDo~e o. ~e,,,n..reen ~...,o~er,n~ ~l~n~s "or ,'~ ~-. o~: ~/'o /~° - ~'/~= 8. Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and Signature: The undersigned hereby represents upon all of the penalties of law, ior the pu~ose of inducing the City of Columbia Heights to take the action herein requested, that alI 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 Sta~nn~ // Signature of Applicant: _ -, ~ ~ Taken By:_ N SPRiNG PLANT MERCHANDISER The GARDEN MART is designed to be a Iow cost, movable sales building for achaea spnn~ C:ear ~y on en~s to ptant sales. It can be quic~ty set up in any retail parking lot. The GARDEN MART offers snow your ~ams al protection for your 'quality' plants and shopping comfort for your customers. ~eir =est. They will buy more on ~ose cold, wet spring days. Frame sets ug like ~3ortat31e scaffold. UDDer t~encn supports provide ..: No measuring, no guesswork. ?: sig~ lines. ~ Check Our " ~LEASE.MART' Finance Plan No Payments in Off Season!! ~IEW for '94 as an al- ternative to .=GL.Y-VENT. The SLIDE-SIDE ventila- tion system operates manually and requires no elec~c~,~ Instals anct func:icns much like any sliding door. For minimum ventiladcn simply push panels open a little. For a tot of air movement ~usn open ail ne way. If maximum ventilation is ctesired, the panels can be cornpieceiy removed as shown al3ove. Jus: lift a~cl pull euL GARCEN MART s.-.cwn wi~ ~CL~./-V~NT ctcsecL In its IowereC Cc- snion. ~CLV-VENT =roos ccmpleteiy ~o ~ne grcunC ~o ~1~ ~r Great of ~rcCu~ :nrougn ~e =e~ poly en~ ~anel. ~e GARDEN MART a~s ss A ~dl~o~c to a~w aEenaon co your spnng pt~ts. Shown adore is a GARDEN MART ~ wit~ ~e new $1JDE-~DE vefl~lal3on ,sy51em ~nst~le~3. The ctea., ~::~3J3eis. macle of Clouhle wailed polyc3rDonate, w~il not st~atter or cracX. They ~re almost inOest~ucta~e ~e~ suoer ligntwe~l% Easy to install an(t operate. O0ttonal cre-assemOlect 16 ga. steel i3encn ~ODS ma~<e effec~ve mercnan(3Jsing a breeze. Bench ,,cos a~e e~-siiy remove~ a~c swing c~ of t~e way to cisolay target items such as Chns~ma~ ;reDs. etc. CANADA CALL 1-507-663-0362 P.O. BOX J.58 CASTLE AOC~, MN 55010 No Price Increase from 'gG Includes upper a,d lower ;enc.~ su.cCc.~,s, Ncc bent2 toos. 21'x30' STILL ONLY $232500 ',~';' 21'x ,~8' - 3.160.00 21' x ~0' - 3,@90.00 Galvanized Bench Packages Complete ~encn top system for: 21' x 30' - 768.00 No more welts. Bench tops aJ'e now matte using =ne unlcue Quict< gok'~sys[em. Built to -.'~'21' x -t8' - 1,34~.00 ~3e s~rong anti clean. Sharo corners have 21' x 50' - 1,728.00 peen rounded off a~a 13erich tops stac~ tightly when not m use. FAX 1-507-663-0365 DOES THE WIND EFFECT THE GARDEN MART? NO._The :sl~e,m.n at me m:Jnt si'tows ~e secret of holding ~e GARDEN MART in place during high win(is. 1. Hanging 13asXsts are hung from puffins atlacneU direc'Jy to me hoods. Th,s transfers ail ~3asket weight to im:tividual hoods. 2. The weight of ail flats, 13allots and 13erich a3pe resr~ on ~e un,cue =u,it-;n ~encn sul)ports. Again, ~encn supports ~re firmly aEacnea to eac~ hOOp. 3. Heavy. water fille~3 ~ul3es or concrete 13lOchs rest direc:Jy on the ~rcun~3 an(] lower mem0er of the 13enc~ '~upports. (Over =1.000 pouncls of water or 16.000 poun(ls of concrete =lccx holds the GM-60 in !31ace.) The comcmec we~(~nt of baskets, flats, side ~enching an(] water :uce_~ =r ccnc;~te ~IocX is concentratect alonG lapin si(les of .'.ne GARDEN MART. This comnine(l weignt firmly anchors :ne GARDEN MART against vertical and sa'~u§nt line w;m3s. HOW DOES THE POLY-VENT Ii SIDE OPERATE? The GARDEN MA.ClT'.s 1:~31y-Ver~ II si~ea can be open or ctose(l to m~xim~ze customer comfort an(l protection; Close tile si~es completely to Keep pul raw spring W~n(ls. On nicer clays, open tile sidee for m~ximum fresh airflow tllrougn I~e selling are'a.' Dropping tile sicles to ground level allows customers to shop from outsi(le me GARDEN MART. One small blower inflates the F~oly-Vent II tut3es. When inflatecl. P~31¥-Vent Il seals out cold and wincl with 6-inches ot insulating ~'f space. Poty-Vent II sictes on your GARDEN MART a~3ds wee~(s to your selling season, lemn(~ you star~ early in the s~ring aha sell late into the ,~ll. This means addeC sales and ;rc,~.s in 7¢ur .~ccket. Ot3tional galvanized ~3encn ~ops increase display flexii3iiity. Ccns;ruc:e~ of 16 ga. rc~ll-forme,'j s~eel, these s;urc,.¢ bench ~cos cream un ~c 972 sq. ft. cf ~wvo-,',ierec cisc~sy st, ace in ~l~e 60' moCel. Uocer 13erich =~¢..- measure ~ '-~* ~y 6'-0", !owe,'.~-encn ~ccc ar~ 3'-0' ~y C'.C". STICK.ON$ Large (6"x2T") :umper sticker ,':ype signs are inc!uae,J. ,=ngnt. easy to reac~ signs can 0e permanently, a~tacne~ to the GARDEN - MART. 12 s~ns inciucea. Ma~e u~ many phrases suc~ as. "~E~OING P~ANTS" or 'GARDE~ SUPPLIES." Decorative flowers inctu~eQ. ~encn *,cr~ enctcacs simply rest ~n si~e ancl center 3enc,~ supl3c~5. Benc~ sec:ionc !;ff ~ff easily to make room for large als,--lay items or :o cream ins;ant sis~es. CANADA CALL 1-507-663-0362 P.O.BOX 458 CASTLE ROCK, MN 55010 ~IG3'HS; 3(7-0', ~.8'-0, ' "i~ _ '. ...... ' · - ~;'~.~es~3uiit ired full ::.':=..:- ". ". ~~. ~'~ mil '.~; ............. -UR .... t ' "' ......... ' ..... ~~'~ .... :~.:~ ~;~ "..~,.~::;: .. .. ..... . "?'? ~ ~ · -., . ..~.=~,~ ;.,j~.:.'..::,...; '.: -;. _. ~~.~ .... ~. . :~ .~ ~,-_.. ..... ~ -.~ ._ C~ ~:~.::: :. ~ ...... .:.:'..'~.~:.~:..~.'~m':~:,~.._ .~..; ::~.. . 1-507-663-0365 1-800-852-3443 The Garclen Mart retail greenhouse trans- forms parking lot space into a complete, outcloor garclen center. Combining plant protection and customer comfort, t~e Gazclen Mart extends ~e selling season by · reducing product sl~dnkage. Easy set u13 anct tear clown make ~e Garcon Mart an iCeal teml~orary selling structure. P~3ty water-filled tubes or concrete 13locks anchor ~e steel hoop s~ruc:ure, eliminating ~e neect for perma- nent footings. Colic!3. sible sictewatks l~rovicle natural.ventilation during warm we-=-tne? anci insulaticn against early Sl3ring frcs;. Multi-lave! I~enc,~es ctisclay prc~ucts w~iie aJso storing inventory. The Garclen Mart measures 21-feet wicte and c~mes in lengffis ~f 48, 60 anti 96 feet. For more inforrr~tion on ~e Ma~. ccntac: Pcly-Tex, Inc., P.O. Box 458, Castle Rock, MN 55010, or call 800-852-3443. Roger $cnuttz., Stcre Development. 708.990-6495 CITY OF COLUMBIA HEIGHTS ..~90 4OTH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-28OO TOO 782-2806 PLANNING AND ZONING COMMISSION NOTICE OF PUBLIC HEARING Member.~ Tom RarnsdelL Ch~,~ Kevin Hanson Ted Yehtc-,. Daniel Shattuck Stephen Johnso[, Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 40t' Avenue NE, at 5:00 PM on Tuesday, March 14, 2000. Please note that this hearing was originally scheduled for March 7, 2000. The Planning and Zoning Commission meeting had to be rescheduled because precinct caucuses are being held on March 7. The order of business is as follows: A request for a Conditional Use Permit to allow the use of an accessory structure consisting of a 21' x 48' tent to be located in the parking lot of 2261 37t~ Avenue NE from April 10, 2000, through July 31, 2000, for the purpose of conducting retail sales of green and flowering plants. Section 9.113(2)(a) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for accessory structures in the RB, Retail Business Zoning District. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions you may contact Joe Hollman, City Planner, at 612-706-3673. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager jh 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 will 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 706-3611 to make arrangements. (TDD/706-3692 for deaf or hearing impaired only.) ]"HE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Case: 2000-0305 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE MARCH 7, 2000 PUBLIC HEARING Case #: 2000-0305 GENERAL INFORMATION Owner: Senquist, Inc. Applicant: Address: 1315 Larpenteur, Suite B Roseville, MN 55113 (651) 642-1523 Phone: Gregg Lundquist, Tires Plus 5126 Central Avenue NE Columbia Heights, MN (612) 571-4392 Parcel Address: 5126 Central Avenue NE Zoning: RB, Retail Business Comprehensive Plan: C - Commercial Surrounding Zoning and Land Uses: Zoning North: RB South: RB East: RB West: R-2 Land Use North: Commercial South: Commercial East: Commercial West: Residential BACKGROUND Explanation qf Request: This is a request for a Conditional Use Permit and Site Plan approval to construct a 16' x 16' (256 square feet) store front entry tower on the building occupied by Tires Plus at 5126 Central Avenue NE. The proposed entry will be 34 feet in height. Case Histo~_ : Case #8407-35 was a request for a Conditional Use Permit and Site Plan approval to allow the construction and operation of Skippers restaurant. Case #9206-09 was a request for a Conditional Use Permit and Site Plan approval to allow a 3,428 square foot addition to the building for a tire and battery sales and service operation (Tires Plus) on the property. Also, in 1992, Ordinance 1242 was adopted which was an Ordinance amending the Zoning Ordinance to allow tire and battery sales and service as a Conditional Use Permit in the RB, Retail Business District. Case: 2000-0305 Page: 2 ANALYSIS Surrounding Prover_tv: The surrounding property on the north, south and east is zoned RB, Retail Business and is used commercially. The property to the west is zoned R-2, Single and Two Family Residential, and is used residentially. Technical Review: The subject property is zoned RB, Retail Business District, and Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for tire and battery sales and service in the RB District. As mentioned in the case history section of this report, Tires Plus received a Conditional Use Permit in 1992. However, Section 9.105(5) of the Zoning Ordinance states that changes to an approved Conditional Use Permit involving structural alterations, enlargements, intensification of use, or similar changes shall require a new application. Because the proposal includes structural alterations, a new Conditional Use Permit will need to be approved. Also, Section 9.105(6) of the Zoning Ordinance requires that the Planning and Zoning Commission review and approve site plans prior to the issuance of building permits for construction other than single and two family residence. Minimum Yard and Density Requirements are as follows: · Lot Width shall be at least 50 feet - subject parcel is approximately 150 feet wide; · Lot Area shall be at least 6,000 square feet - subject parcel is roughly 29,250 square feet; · Front Yard Setback shall be 15 feet - existing structure and proposed addition will meet this requirement; · There shall be at least one 10 foot side yard, the other side yard can be zero feet - the existing building and proposed addition meet this requirement; · Rear Yard Setback shall be 30 feet - the existing building and proposed addition meet this requirement; · The floor area ratio shall not exceed 1.0 - the property will have a floor area ratio of approximately .2 which meets this requirement; · Need minimum frontage of 40 feet - subject parcel has roughly 150 feet of frontage along Central Avenue which meets this requirement. · Maximum height shall be no more than 35 feet - proposed addition will be 34 feet in height which meets this requirement. Parking requirements for a retail operation are at least one parking space for every 200 square feet of floor area. After the construction of the addition, a total of 26 parking spaces will be required, and there are 30 provided on site, so minimum parking requirements will be met. The proposed addition will not encroach into the existing parking lot, so no parking spaces will be lost and traffic circulation will not be impacted. However, the Uniform Building Code requires that two handicap accessible (one van accessible) parking spaces be provided if the total number of spaces is between 26 and 50. Currently there is one van accessible space provided, so staff will recommend as a condition of approval that a second handicap accessible space be provided. Case: 2000°0305 Page: 3 Staffhas not seen any information pertaining to signage. Note that two square feet of signage is allowed for each fi:ont foot of building, so a total 106 square feet of signage is allowed. Staff will recommend as a condition of approval that all proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. The plans do not indicate that there will be any new lighting on the property, but if lighting is added, a lighting plan will need to be reviewed and approved by staff. Light can not exceed 3 foot candles at the property line. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for future Commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the rehabilitation of existing development land in the City. The proposal will not negatively impact any nearby residential areas and the addition will enhance the aesthetics and visibility of the business. Summa~ : The positive aspects of this proposal are as follows: 1. The proposal is consistent with the City Comprehensive Plan and minimum requirements of the Zoning Ordinance are being met. 2. The proposed addition will enhance the aesthetics and visibility of the business. The negative aspects of this proposal are as follows: 1. There does not appear to be any negative aspects. CONCLUSION Staff Recommendation: Staff recommends approval of the Conditional Use Permit and site plan to allow the construction of a 16' x 16' (256 square feet) store front entry tower on the building occupied by Tires Plus at 5126 Central Avenue NE. Recommended Motions: Move to approve the site plan to allow the construction of a 16' x 16' store fi:ont entry tower on the building occupied by Tires Plus at 5126 Central Avenue NE, subject to the following condition. 1. City Council approval of the Conditional Use Permit. 2. A second handicap accessible parking space shall be provided on the site prior to the issuance of a final certificate of occupancy for the project. Move to recommend City Council approval of the Conditional Use Permit to allow the construction of a 16' x 16' store front entry tower on the building occupied by Tires Plus at 5126 Case: 2000-0305 Page: 4 Central Avenue NE, subject to the following conditions. 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 3. A second handicap accessible parking space shall be provided on the site prior to the issuance of a final certificate of occupancy for the project. Attachments: · Completed application form; Site Plan; Elevation Views; and Public Notice Application For= Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other CITY OF COLUMBIA HEIGHTS RECEIVED ! 0 2000 30MMUNI?Y DEYELOPMEN-I Application Date, Street Address of Subject Property: 2. Legal Description of Subject Property: Applicant: Name: ~:~ Address 5. Description of Request: Zonin~: Applicable City Ordinance Number Present Zoning ~ ~ Pre'sent Use ~k Section Proposed Zoning ProposedUse~ 7. Reason for Request: 8. Exhibits Submitted (maps, diagrams, e Ac~owled~ment and Signature: ~e ~dersi~ed hereby represents upon all of the penalties of law, for the pu~ose of inducing the City o~ Col~bia Heights to take the action herein requested, that all statements herein are t~e and that all work herein mentioned will be done in accordance with the Ordinances of the City o£ Columbia Heights and the laws of the State of ~£~esota. Siva:ute of Applicant:~ ~~~ Date:~~~__~ II L CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.£., COLUMBIA HEIGHTS, MN 55421-3878 (6! 2) 782-2800 TDD 782-2806 Members Tom Ramsdell, Chair Kevin Hanson Ted Yehle Daniel Shattuck Stephen Johnson PLANNING AND ZONING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 40th Avenue NE; at 5:00 PM on Tuesday, March 14, 2000. Please note that this hearing was originally scheduled for March 7, 2000. The Planning and Zoning Commission meeting had to be rescheduled because precinct caucuses are being held on March 7. The order of business is as follows: A request for Site Plan approval to construct an approximately 256 square foot store front entry tower on the building occupied by Tires Plus at 5126 Central Avenue NE. Section 9.105(6) of the Columbia Heights Zoning Ordinance requires that the Planning and Zoning Commission review and approve site plans prior to the issuance of building permits for construction other than single and two family residence. This is also a request for a Conditional Use Permit to allow a structural alteration to the building. Section 9.105(5) of the Zoning Ordinance states that changes to an approved Conditional Use Permit involving structural alterations, enlargements, intensification of use, or similar changes shall require a new application. Tires Plus received a Conditional Use Permit to operate on the property in 1992. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions you may contact Joe Hollman, City Planner, at 612-706-3673. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager jh 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 will be provided to allow individuals with disabilities [o 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 706-3611 to make arrangements. (TDD/706-3692 for deaf or hearing impaired only.) THE C~TY 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 Tm*~ MARCH 14, 2000 PUBLIC HEARING Case #: 2000-0101 GENERAL INFORMATION Owner: Not Applicable Applicant: Address: Not Applicable Phone: Not Applicable City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN (612) 782-2856 Parcel Address: Not Applicable Zoning: CBD, Central Business District; RB, Retail Business District; GB, General Business District; I-2, Industrial District Comprehensive Plan: C - Commercial 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 staff to 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 ctm'ently allowed. A proposed amendment was discussed during the January meeting and the proposal was eventually denied, as the Commission decided that it would be beneficial to examine applicable regulations for auto sales in all zoning districts, not just the Central Business District. During the February 1 meeting, a number of issues were discussed and staffwas directed to prepare an amendment for the Commission to review and also research similar ordinances from nearby communities. Background: Staff has contacted the City of Fridley, and they allow "Agencies selling or displaying new and/or used motor vehicles" in their C-2, General Business District, and their C-3, General Case 2000-0101 Page: 2 Shopping Center District, as a special use permit. As an example the following summarizes the stipulations that they imposed on their approval for Friendly Chevrolet. 1. Curbing to be installed around blacktop parking and driveway areas located in front of building. 2. Parking spaces on parking area to be marked for cars. 3. Curbing to be provided along blacktop area along Fireside Drive sometime in the future. 4. Landscape and planting to be approved by the City. 5. Slats in existing bullpen area. 6. Provide security lighting. 7. 10' radii on all blacktop comers. 8. Provide 30' planting strip directly in front of building. 9. Provide 15' planting strip along west side of 2 parking lots located to the north and south of building. 10. All remodeling to be subject to Fire Codes. The City of New Brighton allows auto sales as a Special Use Permit in their B-3 General Business District which is their most intense commercial district. They don't have any specific conditions that need to be met but review each proposal on a case by case basis and attach conditions to the approval as deemed necessary. The City of Shoreview allows vehicle sales as a Conditional Use Permit in their C-2 General Commercial District which is their most intense commercial district and is intended to be located at an intersection that includes an arterial roadway. As is done in Fridley and New Brighton, Shoreview's Zoning Ordinance does not contain specific conditions for vehicle sales, but conditions can be placed on a Conditional Use Permit approval by the City Council on a case by case basis. The City of West St. Paul allows as a Conditional Use Permit automobile and other vehicles of transportation sales when they are new products and when conducted entirely within a building in their B-3 General Business District. In an effort to summarize the information shown above, it appears that a couple conclusions can be made. · None of the communities researched limit the number of vehicles that can be displayed for sale. · It appears that these communities allow auto sales in their higher intensity commercial districts, similar to our RB, Retail Business District, and GB, General Business District. · Typically, conditions are placed on an approval by the City Council and are not part of the ordinance. Analysis: Currently, the Columbia Heights Zoning Ordinance allows auto sales as follows. Case 2000-0101 Page: 3 CBD, Central Business District, as a Conditional Use Permit. 9.112(2)(o) (i) (ii) (iii) (iv) Car Sales/Fleet Sales/Advertisement provided that: The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. The "for sale" or "fleet" vehicles cannot eliminate required parking spaces. No more than two (2) 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. 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 9.1 lSA(2)(b) (i) (ii) (iii) (iv) (v) (vi) (vii) Business District, as a Conditional Accessory Use. 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 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. Recommendation: Should the Planning and Zoning Commission wish to forward an amendment to the City Council, the text should be amended to contain consistent conditions between districts. Staff is Case 2000-0101 Page: 4 recommending that a separate section be created that contains these requirements, and the newly created section would be referenced for each district that allows vehicle sales. Currently, the Zoning Ordinance has Section 9.116(14) which regulates open sales lots, so Section 9.116(14)(B) could be created which specifically regulates vehicle sales lots. Also, Section 9.116(14) would be changed to 9.116(14)(A). The proposed amendment reads as follows. 9.116(14)(B) Vehicle Sales Lots are subject to the following conditions. (a) The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. (b) A site plan illustrating access aisles, parking locations for for-sale or fleet vehicles, storage areas, and other applicable features shall be submitted for review and approval. (c) 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. (d) Signage for such vehicle must be securely attached to the vehicle and shall not extend above the roof of such vehicle. For the purposes of this condition, the vehicle roof shall be considered the highest factory installed body part, excluding accessory parts such as roof racks and antennas. (e) There shall be a building located on the lot(s) devoted to the conduct of business for vehicle sales. Amendments would also be necessary for each of the pertinent district sections that address vehicles sales. These amendments are identified below (also see the attached Ordinance 1404). CBD, Central Business District, as a Conditional Use Permit. 9.112(2)(o) Car Sales/Fleet Sales/Advertisement, subject to the conditions of Section 9.116(14)(B) and provided that no more than five (5) vehicles will be permitted for such use at any time. 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, subject to the conditions of Section 9.116(14)(B) and provided that no more than ten (10) vehicles will be permitted for such use at any time. GB, General Business District, as a Permitted Use. 9.114(1)(c) Auto and truck sales subject to the conditions of Section 9.116(14)(B), and auto repair. I-2, Industrial District, as a Conditional Accessory Use. 9.115A(2)(b) Auto sales, subject to the following conditions: (i) The use of the property for auto sales must be accessory only to auto repair or auto reduction yards; Case 2000-0101 Page: 5 (ii) (iii) (iv) Vehicle sales shall be subject to the conditions of Section 9.116(14)(B); No more than fifteen (15) vehicles will be permitted for such use at any time; and, All vehicles offered for sale must be stored within a securely fenced area. Recommended Motion: Move to recommend City Council approval of Ordinance 1404, an Ordinance amending sections 9.112(2)(o), 9.113(2)(k), 9.114(1)(c), 9.115A(2)(b), and 9.116(14) of the Columbia Heights Zoning Ordinance. Attachments: · Ordinance 1404; Memo to P&Z Commission dated January 27, 2000; Staff Report for the January 4, 2000, Commission meeting; and, Memo to P&Z Commission dated December 2, 1999. 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, subject to the conditions of Section 9.116(14)(B) and provided that no more than five (5) vehicles will be permitted for such use at any time. ~ ':: :' '* ......... ' ........ '~' ........ :' ' .... :~- ~ ~ ...... '- -~ aiiy thii~ ~ · .j ual* at aiiy Oii6 tiiii6. Section 2: Section 9.113 (2)(k) of Ordinance No. 853, City Code of 1977, which currently reads as follows to wit: 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. Shall be repealed and hereafter be amended to read as follows: 9.113(2)(k) Vehicles not to exceed 2 tons, for sale in conjunction with only automobile repair businesses which do not sell fuel, subject to the conditions of Section 9.116(14)(B) and provided that no more than ten (10) vehicles will be permitted for such use at any time.- ...... :J- ~" .... '-- ~-" .... : ......... : ........... are nict: 1) ...................................................................... I llIkJll[ ~1-{~ IUI ~ll ~tml[~ ~tailllUS Uilliilli"q[[ lift'lieU plil~lll~ 3p~[~ IUI Ordinance !404 Page 1 Section 3: Section 9.114(1)(c) of Ordinance No. 853, City Code of 1977, which currently reads as follows to wit: 9.114(1)(c) Auto and truck sales, auto repair. Shall be repealed and hereafter be amended to read as follows: 9.114(1)(c) Auto and truck sales subject to the conditions of Section 9.116(14)(B), and auto repair. Section 4: Section 9.115A(2)(b) of Ordinance No. 853, City Code of 1977, which currently reads as follows to wit: 9.115A(2)(b) Auto sales, subject to the following conditions: (i) The use of the property for auto sales must be accessory only to auto repair or auto reduction yards. (ii) The permitted and accessory uses must be on a site plan approved by the Planning and Zoning Commission or by the City Council. (iii) An open auto sales lot must comply with the provisions of Section 9.116(14). (iv) 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 smaller than twenty feet (20') in length by ten feet (10') in width. (v) No more than fifteen (15) cars may be available for sale at any given time. (vi) All cars offered for sale must be stored within a securely fenced area. (vii) 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. Shall be repealed and hereafter be amended to read as follows: 9.115A(2)(b) Auto sales, subject to the following conditions: (i) The use of the property for auto sales must be accessory only to auto repair or auto reduction yards; (ii) Vehicle sales shall be subject to the conditions of Section 9.116(14)(B); (iii) No more than fifteen (15) vehicles will be permitted for such use at any time; and, (iv) All vehicles offered for sale must be stored within a securely fenced area. UI ~U~U IUULIbtlUII ~11] I IIU IJUIIIIILLUU GIIU &CC~55Oiy ItJ.~.~ IIIU~L {,Y~,,, UII ~ ~ILU [JI~U.I a_IJI. JIUVI,.~U U,y LIIU /'-':\ Ali Op~ii a t.x) u. tO --"--" ...... " ..... :.,_ .., ......... _.__. ..... Ordinance 1404 Page 2 Section 5: Section 9.116(14) of Ordinance No. 853, City Code of 1977, which currently reads as follows to wit: 9.116(14) Open Sales Lots Open sales lots in all districts shall be subject to the following standards: (a) The required yard abutting the public right-of-way shall be landscaped and said landscaping shall be separated from the usable portion of the lot by a curb or fence. (b) All of the lot other than the portion occupied by building or landscape treatment shall be surfaced to control dust and drainage. (c) Lot shall be constructed according to a grading plan approved by the City Engineer. (d) When such lot is abutting a lot located in the "R" District, a fence of acceptable design shall be erected along the property line. (e) The outdoor lighting system for a sales lot shall be so designed that no direct source of light is visible from the public right-of-way or adjacent land. (f) Should a public address system be installed, the volume of the sound transmitted shall not be over 50 decibels at 75 cycles per second at the property line. (g) A site plan for the lot showing access aisles, parking, storage, fencing and other necessary features required to understand the operation shall be filed for approval by the City. Shall be repealed and hereafter be amended to read as follows: 9.116(14)A Open Sales Lots Open sales lots in all districts shall be subject to the following standards: (a) The required yard abutting the public right-of-way shall be landscaped and said landscaping shall be separated from the usable portion of the lot by a curb or fence. (b) All of the lot other than the portion occupied by building or landscape treatment shall be surfaced with a material impermeable to oil and water, such as asphalt or concrete, to (c) Lot shall be constructed according to a drainage and grading plan approved by the City Engineer. (d) When such lot is abutting a lot located in the "R" District, a fence of acceptable design shall be erected along the property line. (e) The outdoor lighting system for a sales lot shall be so designed that no direct source of light is visible from the public right-of-way or adjacent land. (f)Should a public address system be installed, the volume of the sound Ordinance 1404 Page 3 9.116(14}¢B~ (g) transmitted shall not be over 50 decibels at 75 cycles per second at the property line. A site plan for the lot showing access aisles, parking, storage, fencing and other necessary features required to understand the operation shall be filed for approval by the City. Vehicle Sales Lots are subject to the following conditions. (a) The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. A site plan illustrating access aisles, parking locations for for-sale or fleet vehicles, storage areas, and other applicable features shall be submitted for review and approval. 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. (d) Si~tmage for such vehicle must be securely attached to the vehicle and shall not extend above the roof of such vehicle. For the purposes of this condition, the vehicle roof shall be considered the highest factory installed body part, excluding accessory parts such as roof racks and antennas. (e) There ,qhall be a building located on the lot(s) devoted to the conduct of business for vehicle sales. Section 6: 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: Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson Ordinance 1404 Page 4 COMMUNITY DEVELOPMENT DATE: TO: FROM: RE: JANUARY 27, 2000 PLANNING AND ZONING COMMISSION JOE HOLLMAN, CITY PLANNER~ ZONING TEXT AMENDMENT REGARDING AUTO SALES Issue Statement: At their regular meeting on December 7, 1999, the Columbia Heights Planning and Zoning Commission moved to direct staff to 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. A proposed amendment was discussed during the January meeting and the proposal was eventually denied, as the Commission decided that it would be beneficial to examine applicable regulations for auto sales in all zoning districts, not just the Central Business District. Analysis: Staff has reviewed all the sections of the Zoning Ordinance, and auto sales are allowed, as follows: CBD, Central Business District, as a Conditional Use Permit. 9.112(2)(0) (i) (ii) (iii) (iv) Car Sales/Fleet Sales/Advertisement provided that: The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. The "for sale" or "fleet" vehicles cannot eliminate required parking spaces. No more than two (2) 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. 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 ~pproved 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. Planning and Zoning Commission Sanuary27,2000 Page 2 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) Auto sales, subject to the following conditions: (i) The use of the property for auto sales must be accessory only to auto repair or auto reduction yards. (ii) The permitted and accessory uses must bc on a site plan approved by the Planning and Zoning Commission or by the City Council. (iii) An open auto sales lot must comply with the provisions of Section 9.116(14). (iv) 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 smaller than twenty feet (20') in length by ten feet (10') in width. (v) No more than fifteen (15) cars may be available for sale at any given time. (vi) All cars offered for sale must be stored within a securely fenced area. (vii) 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. The following provides a summary of some of the issues that will need to be resolved prior to drafting an ordinance amending the various sections of the Zoning Ordinance. Parking - Staff recommends that the requirements stating that vehicles cannot eliminate required parking spaces and they must be parked entirely on a privately owned parking lot(s) with a surface impermeable to oil and water be consistently stated in every district that allows vehicle sales. Traffic Circulation - Staff will recommend that a site plan illustrating access aisles, parking locations for for-sale vehicles, storage areas, and other applicable features be submitted for review as part of the approval process. This will help ensure that safe traffic circulation and emergency vehicle access will be maintained. Number of Vehicles - Currently the Ordinance allows 2 vehicles to be displayed for sale in the CBD, 10 vehicles in the RB District, and 15 vehicles in the I-2 District. There is not a limit in the GB District. As you know the requested amendment was to allow 5 vehicles to be displayed for sale in the CBD. Does the Commission want to stay with these regulations? If so, the issue of repossessed vehicles will need to be clarified. You may recall that the question was raised during the January meeting whether repossessed vehicles were counted as part of the number of vehicles allowed to be displayed for sale or if they were separate. The Ordinance does not currently address this issue. Also, by limiting the number of vehicles allowed to be displayed for sale, the Ordinance prevents a large-scale auto dealer, such as Friendly Chevrolet in Fridley, from operating in the City. Planning and Zoning Commission January 27, 2000 Page 3 Length of Time - As the Ordinance currently exists, for-sale and fleet vehicles can remain on the lot for no more than 14 days in the CBD. The other districts do not specify a length of time. Questions arise whether this should be consistent among districts and also why the 14 day requirement was initiated. What is the benefit of limiting the length of time a vehicle can be displayed for sale if the City allows only a certain number of cars to be displayed at one time? This requirement is difficult to enforce because staff does not know when vehicles are first displayed. If the Commission decides it is necessary to continue with this requirement, it may be beneficial to require that the business owner register the vehicle with the City so the length of time for its display can be monitored. Signage - The section of the Ordinance regulating auto sales in the RB District currently requires that size, type and style of any signage for such vehicle must be within the vehicle at all times and approved by staff. Staff has some concerns with this specific language. It states that the signage must be approved by staff, but there are no regulations on which to base an approval. Staff recommends that specific signage regulations be included in any amendment. Also, from a business perspective, only allowing signage inside a vehicle may seem restrictive as the business owners would want the for-sale vehicles to attract attention. Accessory vs. Principal Use - The 1-2 District only allows vehicle sales as an accessory use to auto repair or auto reduction yards. Should this remain a requirement? Auto sales could be a principal use in the CBD, RB and GB Districts. One condition to consider is the possibility of requiring a principal structure on the lot in which to conduct business as opposed to having a lot that is vacant of structures being used only to store and sell for- sale vehicles. Landscaping and Fencing - The I-2 District currently requires that all cars offered for sale be stored in a securely fenced area. Should the City continue to require this, or should it be left up to the business owner? Also, Section 9.116(14) "Open Sales Lots" of the Zoning Ordinance requires that the required yard abutting a public right-of-way shall be landscaped and said landscaping shall be separated from the usable portion of the lot by a curb or fence. Is this a condition that should be required for auto sales lots in all zoning districts, and how should it apply if auto sales is not the principal use of the lot? Lighting - Section 9.116(14) "Open Sales Lots" also requires th~at the outdoor lighting system shall be so designed that no direct source of light is visible from the public right- of-way or adjacent land. Is this a condition that should be required for auto sales lots in all zoning districts, and how should it apply if auto sales is not the principal use of the lot? In an effort to provide a comparison of regulations, staffhas contacted the City of Fridley, and Planning and Zoning Commission January 27, 2000 Page 4 they allow "Agencies selling or:displaying new and/or used motor vehicles" in their C-2, General Business District, and their C-3, General Shopping Center District, as a special use permit. As an example the following summarizes the stipulations that they imposed on their approval for Friendly Chevrolet. 1. Curbing to be installed mound blacktop parking and driveway areas located in fi.ont of building. 2. Parking spaces on parking area to be marked for cars. 3. Curbing to be provided along blacktop area along Fireside Drive sometime in the future. 4. Landscape and planting to be approved by the City. ~- 5. Slats in existing bullpen area. 6. Provide security lighting. 7. 10' radii on all blacktop comers. 8. Provide 30' planting strip directly in fi.om of building. 9. Provide 15' planting strip along west side of 2 parking lots located to the north and south of building. 10. All remodeling to be subject to Fire Codes. Summary: Based upon the discussion that occurred during the January 4, 2000, Planning and Zoning Commission meeting, the information presented above has been assembled to be used as a basis for discussion at the February 1 meeting. Staff will be seeking direction fi.om the Commission regarding which issues and regulations should be addressed in the Ordinance amendment prior to going through a public hearing process. Attached: Staff Report for Case 2000-0101 Case: 2000-0101 Page: 1 STAFF REPORT TO TI-W~ PLANNING AND ZONING COMMISSION FOR TH~ JANUARY 4, 2000 PUBLIC HEARING Case #: 2000-0101 GENERAL INFORMATION Owner: Address: Not Applicable Not Applicable Phone: Not Applicable Applicant: City of Columbia Heights 590 40t~ Avenue NE Columbia Heights, MN (612) 782-2856 Parcel Address: Not Applicable Zoning: CBD, Central Business District Comprehensive Plan: C - Commercial 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 staff to 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)(o) 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 brief case history for the Credit Union property at 843 4ffh 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)(o)) was approved. · Case 9603-12B was a request by the Credit Un/on 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 twit(-2) 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. (v) 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 oi'Parking spaces designated to display for-sale vehicles were increased fi:om 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 concem 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 l~om 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 40~ 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 fi:om 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 Sta__ff 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, staff has 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)(o) 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 ADDlication For; ~ezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Application Date: Case No: 7_0~-o Fee: Date Paid ~eceipt No: 1. Street Address of Subject Property: 2. Leg,1 De,criptio= o~ Subject Prop, try: Description of Request: '-~m'~ 4. O~er: Name: Addre s s: Phone: ZoninE: Applicable City Ordinance Number Present Use Section q, ii (--"-') Proposed Zoning ~'~ Proposed Use 7. Reason for Request: 8. Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and SiKnature: The undersiTned 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 ~innesota. / Taken CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 Date: COMMUNITY DEVELOPMENT DEPARTMENT December 2, 1999 Mayor Gar5., L. Petcrson Councilmembers Donald G. Jol[3 Marlaine Szureh Julienne Wyckoff John Hunter City Manager Waiter R. Fehs~ To: From: Re: Planning and Zoning Commission Joe Hollman, City Planner __[;.,. ~/~, Requested Zoning Ordinance Amendment Explanation o_f Request: 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. The following provides a brief summary of Mr. Lange's request as well as some background and a brief analysis of some of the issues pertaining to the requested text amendment. Should the Planning and Zoning Commission be interested in amending the ordinance, a formal motion should be made directing staff to initiate the process. Section 9.112(2)(o) reads as follows. Car Sales/Fleet Sales/Advertisement provided that: · The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. · The "for sale" or "fleet" vehicles cannot eliminate required parking spaces. · No more than two (2) 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. First Community Credit Union currently has a Conditional Use Permit to sell vehicles from their site. Mr. Lange is requesting that the number of cars permitted for sale i.ncrease 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. Background: The following provides a brief case history for the property. · 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. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Planning and Zoning Commission Memo December 2, 1999 Page 2 · 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)(o)) 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: 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. 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. 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 tb 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. Alternate Motions: Move to direct staff to initiate the necessary process for the zoning text amendment to allow five for sale vehicles to be displayed at any time. -or- Move to deny the request as it has been determined that allowing the display of five for sale vehicles will have a detrimental impact on the Central Business District. COMMUNITY DEVELOPMENT DATE: MARCH 3, 2000 TO: FROM: RE: PLANNING AND ZONING COMMISSION JOE HOLLMAN, CITY PLANNER~//~/( GOVERNMENT TRAINING SERVICE LAND USE PLANNING WORKSHOPS Government Training Service is offering land use planning workshops again this spring. It is recommended that Planning and Zoning Commissioners and staff attend one or more of these sessions. Please advise staff if you are interested in attending any of these workshops and the City will take care of the registration and fees. The registration fee is $99/person, or there is a special group discount of $85/person for organizations registering three or more people for any of the courses. The following provides a brief summary of the different sessions that are available. The Basics · Nuts and bolts of planning, zoning, and subdivision regulations. · This session will be held on March 29 in St. Cloud, March 30 in Grand Rapids, April 1 in Brooklyn Center, and April 20 in Brooklyn Center. Beyond the Basics · Reviews planning in more detail than the Basics session. · This session will be held on April 8 in Willmar, April 13 in St. Cloud, and May 4 in Brooklyn Center. Advanced Zoning Applications · Deals with more detailed and comprehensive land use issues than the Basics and Beyond the Basics workshops. · This session will be held on April 19 in Owatonna, May 3 in St. Cloud, and May 17 in Brooklyn Center. Environmental Planning & Compliance Workshop - Looking at Sustainability · Fundamentals of environmental compliance and environmental planning. · This session will be held on April 6 in St. Cloud. Building Community Character · Building and maintaining community character. · This session will be held on April 12 in Brooklyn Center. Attachment Governmenl Training Service zi80 Cedar Sh'eet Suil~ ~10 i Saint Paul, Minnesol-a 55101 -;~;~zlO First Class Mail U.S. POSTAGE PAID St. Paul,. MN Permit No. 31'37 Joe Hollman City of Columbia Heights 590 46th Ave NE Columbia Height, MN 55421 These WOrkshops are for you . . . REGISTER TODAY; SPACE IS LIMITED! LAND USE PLANNING WORKSHOPS FOR PLANNING COMMISSIONERS AND ELEC'rED OFFICIALS March - MaLJ, 2000 -- VARIOUS LOCATIONS %% Annual Planning InstitUtes **** Begond The Basics *~* Adv=_nc~,d Zoning Applications o~o Environmental Planning and Compliance N.EW THIS YEARI! *;o Building Communitu Character Sponsored bg: GOVERNMENT TRAINING SERVICE Co-sponsors: Association of Minn,,soYa Counties, L~,ague of Minnesota Ciii~s. M~tropolil"an Council, Minn~so;'a A~sod~ion of Townships, Minnesota Chapl'~r, American Planning Association GENERAL, INFORMATIOE 'Ne are pleased to once again offer workshops designed especially for citizen planners. This year's sessions provide opportunities for in-depth study of current topics and hands-on application. Participants will enhance their knowledge of various areas of planning and, as a result, become baiter equipped to' make recommendations and decisions about the communities in which they live. PROGRAM FEATURES INCLUDE : · :* An accomplished tacully with extensive backgrounds in both planning and instruction · :o A Focus on current issues and timely information · :. Reference materials to make your job easier · ;. Practical workshops designed by a commiltee of planning experts and local officials It you would like to make your contribution to Solving land use problems as informed and effective as possible_REGISTER TODAY1 THESE PROGRAMS ARE FOR YOU. WHO SHOULD ATI'END? ~-~Members of planning commissions, boards of adjustment and appeals, and governing bodies in MinneSota cities, counties and townships. Also valuable for members of other advisory commissions, housing and redevelopment authorities, staff, real estate professionals, and others working in areas related to specialized workshop topics. REAL ESTATE CREDIT5 "Annual Planning InsMh. Jtes" and "Beyond the Basics" has been approved for Continuing Real Estate EducaMon credits. ApplicaMon is pending for the "Advanced Zoning Workshops." In addition, application has bean made for Continuing Legal Education "real property" credit for each of these courses. Approval is pending. REGISTRATION/CANCELLATION Register at least 7 days prior to the workshop date using the forms in this brochure. (Space is limited. I Fill out one form per individual; duplicate forms il' registering more than one person ~'om your Communily/agency. You will not receive Conflrmattoni bUtwe will notifl'J uou if the session uau requested is full;' Fees will be' refunded less a $1 5 service fee if the registration is canceled 3 working days before the program. .You may substitute another individual for a workshop at any time. Should weather [or circUmsl'ances beyond our control] necessitate program cancellation or postponement; regtsh'ants will. be notified via announcements on WCCO-AM radio and other local Minnesota radio stations. FEES The regislTation fee for each workshop is $gg/person. A special group discount rate of SBS/oerson is available for organizations registering three or more people for any of these courses. Both fees include a luncheon meal, refreshment breaks and handout matertals. IMPORTANT: To qualify for the group discount, registrations must be mailed in the same envelopel FOR FURTHER INFORMATION Contact Government Training Service Carol Schoeneck [65 I] 222-7409 or Minnesota Toll Free [800] 569-6880. About GOVERNMENT TRAIN!NG SERViCE, Conference Fadlllator: '~'~ ;~'~!;~': GTS ~artners with Minnesol-e's public sealol organizations to provide Innovative, comprehensive, practical conferenc~ ITaining and consulting services. If is governed' bg representatives of the Association of Minnesota Counties, I.~ague of Minnesota Cities, Minnesota ASsoclallonOf Townships, Minnesota Regional Development Organizations, Minnesota School Boards Association, Minnesota State Colleges and Universities, State of Minnesota and the Universih.j of Minnesota. ANNUAL PLANNING INSTITUTE: THE BASICS Wednesday, March 29 Thursday, March 30 Sal'ufda~, April ! Thursdau. Aorii 2u St. Cloud Grand Rapids Brooklyn Center. Brooklyn Cenler Workshop: 9:00 a.m. - 4:30 p.m. (final check-in: 8:30 a.m.} NUTS AND BOLTS OF PLANNING, ZONING AND SUBDIVISION REGULATION For Those New to Land Use Planning or Interested in a Review of Fundamenl'als: The History, the Process, the Results Implemental~on. Exercising Autho~ty, Zoning/Subdivision Ordinances, Amendments, Permits, Enforcement Legal Umitations, Avoiding Ul~gation. Planning, Zoning and Subdivision Laws, "Due Proc~ss",~ Conduc§ng Proper Public Hearing and Recording Your Findings Who Pa~cipal'es in the Planning and Zoning Process and Where Do You Fit in How to Maximize Your Impact as a Commissioner, Membership Responsibilities Hands-on Simulations of AchJal Planning and Zoning Dilemmas, Hot Issues, Answers to Your questions FACULTY William Grirfil'h, Altorney, Larkin, HoEmon, Oaly & L-indgren Robed' Lockyear, Oiredor of Planning and Public Arf'airs, Washingl-on Co!jr~h..j This course has Oeen approved for Con~uing Real Estate Educallon Credill For SahJrday, April 8 Willmar BEYONDTHE ]]A:;]CS Thursday, April 1 3 SI'. Cloud Thursday, May 4 Brooklyn Center Workshop: 9:00 a.m. - 4:30 p.m. (final check-in: B:30 a.m.] PLANNING IN DEPTH Who Have General Knowledge of the Planning Process or Have Al~nded the Annuat Planning Insti~l'~: The Basics 4. 0vefview of Land Use Tools and Standards, · :. RevimN the History of Land Use Regulation. · :. Source and Umitations of Aulhoriltj to Plan and Zone, Community Participalion -:. Fundamental Legal Principles and 5ubdiviston Regulations o:. Comprehensive Plan Elements in Depth · :. Advanced Zoning Applications, Explore Innovative Ways to Guide Land Use Development · :- Learn about Preparing and Using Planning Tools to Deal with a Wide Variety of Development Problems 4* An In-depth Review of the Planning Process, from Proper Legal Notice h3 Oevelopment of Findings of Fact · :- Small Group Sessions Applying Planning and Zoning Principles, Hands-on Activilies · :. Examine the Legal Issues in Depth, What Are Takings? Applying the Principles, Uving with the 60 Day Umit 4* Brief Cven/iew of Minnesota's Environmental Rev!zw Program - EAW, ElS, AUAR · :- Prac.~cal Advice. Answers to Your Questions, Discussion -- Discover Shortcuts to Avoid Pitfalls FACULTY Karen Cole, Altorney, KenneOy & C, raven Phil Carlson P-lanning Consullant, Fiahlgren, Shardlow and Uban, Inc This cou~e mas Oeen approved for Conllnuing feeal Estate Education credit ADVANCED ZONIN6 APPM J ,TIDN3 Wednesday, April 19 Owah3nna Wednesday May 3 Si'. Cloud Wednesday, May I '7 Brooklyn Center Workshop: 9:00 a.m.- 4:30 p.m. Final Check-in: 8:30 a.m. Nole: The Owalonna and St: Cloud sessions will include spedel emphasis on mulff,jUdsdicflonal planning and regulation. The Brookl[.ln Center program will provide more concentration on redevelopment planning. This workshop follows "The Basics" and "Beyond the Basics" to offer more depth lnla Land Use Issues. I.~arn how to manage' more detailed and comprehensive issues such as: · :- Using Advanced Zoning Applications ~ Break Out of the "Misuse of Variances Sundrome" · :- Understanding the Proper Use and Limitations to the Us~, of Conditional Use Permits · :. Establishing and Utilizing a Planned Use Development Ordinance that Provides Flexibility and Enhanced Control · :. Undersl'anding the Benefits Provided by Performance Zoning · :- How [o Approach the Regulation of Signs · :o Haw to Incorporat~ Urban Design Standards into Community Zoning Ordinances o:o How to Approach a Multi-Jurisdictional Planning Study FACULTY John SharOlow, Presicleni'. Flahtgren, Sharcllow and Uban, Inc; Planning Consullanl' App,£~non ,~as ~een made for Continuing Real Es~e Educanon Credit. ENVIRONMENTAL PLANNING & COMPLIANCE WORK._,HOP - /nOKIN6 AT SUSTAINABILITY Workshop: Thursday, April 6 St. Cloud 9:00 i~.m,- 4:30 p.m. [final check-in: 8:30 is.m.] This Workshop teaches the fundamen~l=~ of environmental comali~Jnce and environmental planning with an emphasis on making informed decisions regarding impacts I'd the natural and built environment. The course then illustrates the cumulative impacts man's activilies have had on the natural environment within the State of Minnesota. The course also discusses the local comprehensive plan and the benefits o! developing and implementing such plans in managing local and cultural resources. o:o Learn Environmental Stewardship Principles and the Major Environmental Compliance Program Areas including: Air Quality Water Quality Solid Waste Hazardous Material Hazardous Waste Toxic Substances Petroleum Underground Storage Tanks Noise Pollul'ion Pesticides Above Ground Storage Tanks Natural Resourc~'s Cultural Resources Land Use Brawn Fields Get information an National, State and Local Environmental Laws, Regulations and Ordinances: The Communily Based Planning Act M~'L'cp, glitan Land .':'-!=,:,'::~.g Act Minnesota's Environmental Policy Act National Enviranmenlai Policy Act Environmental Impact Stal~,menl's Environmental Assessments Learn Environmental Compliance Strategies, Self-Evaluation, Program Management, and "Signiticanl" Trends. FACULTY K~n Nimm~r, President, IMPACT Planning, Environrnen~l Planner Gunnar IsbRrg, Gunnar Is~rg & Associates, Planning ConsuJl~nl', ~ormer cih_j councJl meml~er, pl~cn~g commission member, and ~lanning direcl'or Hannah [3unevilz, Regional Plenl Ecologist, ~x/llnp~so~ Oeoarl'ment of Ne~ur~t Resources BUILDING COMMUNITY CHARACTER Thursday, April 12 Brooklyn Center Workshop: 9:00 a.m. - q:30 p.m. (final check-in: B:30 a.m.) BUILDING AND MAINTAINING COMMUNITY CHARACTER This workshop focuses on what makes up communihj character and practical ways to enhance it. This is advanced planning which gels to Ihe heart and tabdc of Ihe communilg and provides a framework for you to create outstanding places to live, to play and to work. In Ihis workshop you will learn how to: · ;- Idenlih.j and define Ihe importanl' characteristics of your communilg o;- Turn natural assets into communilg treasures · :o Use neighborhoods, business disldcls, streets, parks and even highways as character building elements. o:o Use charader zoning and performance slandards to turn your communilu plan into realilu. o;o Help your dfizens discover how beu can enhance their communilg's vitalilu · ;o Think big but move ahead wilh reallsltc sl~ps Includes "nuts and bolls" presentalions 'on such topics as cultural resources, the lifestyle impact of changing demographics and specific zoning tools, plus small group sessions designed to help you apply what you've learned to hypolhelical land your ownll sifualions. Join us for a workshop designed 1o be Ihoughkprovoldng, usel,ul and fun learning expedencel CORE FACULTY Dick Krier, Planning & Zoning Adrninishalor, Cih..j of Minnel'onka Beach ' Karen GilI-Gerbig, Laboratory Oiredor & Progr~rn Assod~l'e. C~_n~er ~or Anl'nropology and Cultural Herii'~e Educal-ion, Ham[ice Universih_j and Cc:uncilmember. CiI'Lj Of L_~]uderdale Plus presenialions bgl a varlekj or sul:]jecl- malter experls WORKSHOP SITES All workshop sites are accessible to persons with disabilities and have free parking for participants. A small sleeping room block has been reserved at most sites indicated be!ow. Participants needing such overnight accommodations should make reservations directly with the facilih.j. Mention the "Land Use Planning Workshop" when making reservations to obtain these special rafesl BrookiLjn Center ~NO~'~. T~ ~ a chanoe ~ $ii~ egrn 2r~',ous ~em~o~!] Earle Brown Heri~ge Caner 6155 Earle Brown Drive Il-g4 and Shingle Creek Parkway] Brooklyn Cenfe~ MN 55430 61 E/569-6300 Sleeping Room Rate: SgO+lax .Annual Plannin~ /,nS.~/b'te: The Basics April I ~ Apr//~0 Begond /he Bas/cs Mag/-1 Advanced Zoning Applications ,,VI~, ,' ~ 7 Mainlaining Eomrnunitg Character April t B Grand Rapids Sawmill Inn £301 Soulh Pokegama Avenue Grand Rapids, MN 55744 218/326-8501 Sleeping Room Rate: $59+tax Annual Plann/n~ InsnMte: The Basics Marc;' 20 Willmm Holiday Inn & Conference Center £ 100 East Highwa~l I £ Willmar, MN 56EO I Sleeping Room I~ate: $55+tax Begond /he Basics AfWit B SL Cloud Radisson Suite Hotel 404 West SI. Germain St. Cloud, MN 5630 I 3£0/654-1661 Sleeping Room Ral,e: $58+tax Advanced Zoning Applications Mag Environmenial Planning & ~ompliance April Best Western Kelly Inn HighwaLt £3 & 4lb Avenue South P.O. Box 1066 SI. Cloud, MN 5630£ 3~O/ESg-B I 13 Sleeping Room Rate $50+~a x 8euond ~e Basics Apr# 13 Annual P/ann/nB Insfl~.. The Bas/cs March ~g Owa/onna Ramada Inn 121P North Interstate 35 lin/ers~,clion of # I Zl and #35) Owatonna, MN 550150 507/,:155-0606 Sleeping Room Rate: $5E+tax Advanced Zonin~ ApplicahOns April 19 CUSTOMIZE & BRING A WORKSHOF TO YOUR COMMUNITY! 3vernment Training Service can tailor any of these workshops to meet the current needs of your communilg and bring the program to you. You choose the date and location, we provide the faculty and materials! Benefits of this customized approach to land use training include: · :. You choose the topics to be addressed by facullg-- ensuring that current key communilg issues are covered. · :. A diverse group from your community can attend al a far lower cost than sending them to the open enrollment workshops announced in this brochure. · :- You are cumanteed a dale and time convenienl lo the participanlsl Contac~ Carol $choeneck at OTS 165 I./222-740§, Minneso~ toll free 800/56@-6880 or e-mail cschoeneckmmngtsorgl ho explore the possiloilit~es. CONSIDERING A GOAL-SETTING OR' TEAM BUILDING SESSION? GTS can provide facilitators who have extensive experience working with local governments like yours to lead a session for your governing body and/or advisory commissionl We can facilil~te a process to gather citizen input, set goals, guide problem solving, help prioritize scarce resouices, make budget decisions, or help strengthen existing teams. This professional, objeclive assistance can be especially beneficial in times of tough decisions. Contact Mary Saba~ke (651/222-7409, Minnesota toll free 800/58g-6880 or e-mail msabatkeffimngts.orql for all Ihe de,ils. CO00 LAND USE PLANNING WORKSHOPS---March-May Registration Form {Pleese stint cr h.Jpe. Form should be duplicaled when registering more than one person/] Name Title Jurisdiction/Agency How long in this posillon? Street Address City Daytime Phone Fax Number Registration Options: iCheck all Ihat appl~l): AnnualPlanning Institute: The Basics [] Mar£h 29-'S~ Cloud [] March 30 - Grand Rapids [] Apnl I- Brooklyn Cenhar [] April 20 - Brooklyn Center Beyond/he Basics [] April 8 - Willmar [] April 13 - SI'. Cloud [] Mary q - Brooklyn Cenl-er Environmenial Planning & Compliance C'] ~,,, ,5 - Si: C:c~d Advanced Zoning Applications [] April I 9 - 0waI'onna [] MaL.J 3 -SI: Cloud [] Mag I 7 - Brooklyn Center Building Communih.j Character E] April t~ -BrooklLjn Center I~ebrn this Suite zlO I, Slate Zip E-mail tl~ awilable. I Payment Options: [] Enclosed is check # in I~e amount- of $ (paUao,'e/-c ~overnmenr Tra/n/n~ ~ Please bill me a~ aOove address; RO.~ (if appiic~ble). NOT~. An ~a/acencg ~illin~ ~e will Oe ~ ~e amount owed Special Needs [Must Oe rece/'ve~ at least ~o weeks Ochre ~e seminar ~r whic~ gOU are reg/s~ring!]: ~ I have ~ die,rD resffic~on. [specie: [] I require some ancillary aids (i.e. sign language inI'erprefer, largo print', B~aille marenais, elc.). contacl' me al' (Circle one: VOICE or TrY] [] I require some orner accommooa~ons Please contaci' me (Circle one: VOICE or TI'fl form at least seven days pdor to I:he first workshop you are afl'ending to: Government Training Service. ~180 Cedar Street, St. Paul, Minnesol'a 55101 -a;:)z. iO lot fax to: 651/;:'P3-5307l. COMMUNITY DEVELOPMENT DATE: TO: FROM: RE: MARCH 3, 2000 PLANNING AND ZONING COMMISSION JOE HOLLMAN, CITY PLANNE~ STARBAR AND GRILL, 4005 CENTRAL AVENUE NE During the February Planning and Zoning Commission meeting, we discussed the amount of seating in the StarBar and Grill at 4005 Central Avenue NE. Based on our discussion, staff inspected the property on February 14, 2000, at which time 70 permanent seats were counted in the restaurant which is a violation of the Columbia Heights intoxicating liquor ordinance. Please note that the ordinance requires that a minimum of 150 permanent seats be maintained for an intoxicating liquor license. The business owner was notified of the violation on February 17, 2000, and he was informed that a public hearing would be set to suspend the intoxicating liquor license for the StarBar and Grill at 4005 Central Avenue NE for Monday, February 28, 2000. He was also informed that the property would be reinspected prior to the heating and if at least 150 permanent seats were provided at the time of the reinspection, the license suspension could be removed from the City Council agenda. Staff met with the owner of the StarBar and Grill on Monday, February 28, 2000, to review the seating. The number of seats were counted, and 150 have been provided, so the property is in compliance with the intoxicating liquor ordinance. Attachments CITY COUNCIL LETTER w, ceun~ or: veoruary 28, 200(. AGENDA SECTION: Public Heatings ORIGINATING DEPT.: ~C ,. CITY MANAGER NO: Community Development ~ APPROVAL ITEM: StarBar and Grill BY: Joe Hollma~~//-f BY: NO: Intoxicating Liquor License Violation DATE: February 2~ 2000 I~tl~ ~t~t~. The StarBar and Grill located at 4005 Central Avenue NE has violated the City of Columbia Heights intoxicating liquor license ordinance. Background: On November 15, 1999, the City Council approved a Conditional Use Permit to allow the operation of the StarBar and Grill, subject to two conditions. (1) All required state and local codes, permits, licenses, and inspections will be met and in full compliance. (2) All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. The Community Development Department was recently informed that two pool tables were added to the restaurant resulting in the loss of some seating. As a result, the Building Official inspected the property on February 14. Analysis: The Building Official counted 70 permanent seats in the restaurant. Please note that the intoxicating liquor license ordinance requires a minimum of 150 permanent seats, and the floor plan submitted with the Conditional Use Permit application indicated that there would be 165 permanent seats. The restaurant is in violation of the City liquor ordinance and the approved Conditional Use Permit. According to Section 5.503(16) oft he liquor ordinance, the City Council may suspend or revoke any intoxicating liquor license for the violation of this ordinance. License revocation must be preceded by ten days written notice to the licensee and a public hearing.~ However, the Council may, without notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. Recommendation: Staff recommends that the City Council suspend the license, pending a public hearing on the revocation of the license which would be held during the February 28, 2000, City Council meeting. The notice was sent to the business owner on February 17, 2000 which provides the necessary 10 days notice. Should the applicant install the required seating between now and February 28, the item could be removed from the February 28 Council agenda. Please note that staffwill be inspecting the property on February 25. Recommended Motion: Move to suspend the intoxicating liquor license for the StarBar and Grill at 4005 Central Avenue NE until such time as the minimum license requirements are met. Attachments: COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E.. COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2B00 TDD 782-2806 February 17, 2000 COMMUNITY DEVELOP,~IENT DEPARTMENT u.rv L. r'c:::., .... (-uuncilmemm.,., Donald G. Jo!h. Mar!a/nc ~."r. JuJie'tl~: Wyckc:. Joi~n Humcr Ci.t7 Manager Walt~r R. Fehs~ Mr. Robert Fizell Zachary Properties, Ltd. 6418 l i 0~ Avenue North Champlin, ~ 55316 Re: Intoxicating Liquor License Violation Dear Mr. Fizell: The Columbia Heights intoxicating liquor ordinance requires that a m/nimum of 150 permanent seam be maintained for an intoxicating liquor license. Community Development Department staffhas recently received complaints about the loss of some seating in the StarBar and GnI1. As a result, the Building Official inspected the property on February 14, 2000, at watch time 70 permanent seats were counted in the restaurant (see attached). As a result, the establishment is in violation of the City liquor ordinance. Also, the approved floor plan that was submitted with the application for a Conditional Use Permit to operate a restaurant indicated that 165 permanent seats would be provided. According to Section 5.503(16) of the liquor ordinance, the City Council may suspend or revoke any intox/cating liquor license for the violation of this ordinance. Also, Section 5.404(7) of the City. Code states, "No more than 8 games of skill shall be allowed at any one site or place of business." A public hearing has been set to suspend the intoxicating liquor license for the StarBar and Grill at 4005 Central. Avenue NE. The hearing date will be .Monday,. February. .'8, .*000, at aooroxirnately.. · 7'00. p.m., m the City Council Chambers of City Rail, located at 590 40'" Avenue :NE. Please note that the City will inspect the property again on Friday, February. 25, 2000, and if at least t50 permanent seats are provided at that time. the license suspension can be removed from the City Council agenda. The City appreciates your investment and continued efforts to improve your business in Columbia Heights. Also, please note that a committee is currentlv in the process of reviewing the liquor license ordinance, and you will be notified of any changes that'may affect your operation. Do not hesitate to contact me at (612) 706-3673 if you have any questions or need additional int'ormarion. ~nank you tn advance tbr your cooperation on this matter Sincerely, Jo~ Hollman ('iry Ptanner Enclosures CC: Ci.ry Attorney License Clerk 503 De~ini~ions shall be as follows (a) The term intoxicating liquor shall mean and Include achy1 alcohai an6 in- clude dlsti!!ed~ far=anted, s~r~ous, vinous, ~n~ ~1~ ~ewerag~ conta~i=~ in excess of 3.2I of alcoho!'%y we~gh~, (%) The l:~rms 6ale and seI.I.mean and Incl'u-de all hatters an~ all manners or means of furn!shIn~ i=:oxlca~mg liquor or liquors as above demobbed v!ola=~o, or evasion of law and .also ~clude =he usual meaning of =he drink for cons=ptlon on the premlsem onll, pac~e in r~tafl stores for cons~p~ion off or away from where ~o14. .. (e) The =e:---s package or original package mean= any corked or sealed ~a'/~ar or rcce~:a¢!¢ holding In~a.~.lca~ng lt~uor~. .~%ne te.--a hotel means an~. inc!u~es any es'-a~l/s,hment hay±nd a res~: pro- prle~o% or =snag - ..~o-~ ~ ::nsi~eranlca of pa}~en= therefor, food and lodging are regularly furni~he4 ~o ~ran~ten~s, which ~in~ain~ for ~he ~e cf i~ gues~ no~ les~ ~han one hundred (100) ~ue~ room~ with ~eddtn; and other usual ~i=able ~d neccssa~ fu~ishingm ~ each room, wht~'~ p~d, a: the ~in entrance w~=h a ~!cable lobby, desk, an~ off/ce for the reg~s- ~rm~!on of I~s gues~s ~n the groun~ floor, which employ~ an adequate scoff sro1 par= thereof, a dining room ~=h approprla~a faa!lilies for ~ea:~ not less ~han one hundred (!00) ~=s~ a= one =Isa, where the general public (Ord. 1029, el. 12/22/82) T!~e ~e.-a res~auran= means any es~ab!!sh~en=, ocher =i~an a ho=a!, under =he con=rol of a sing!a proprla~or or manager., 5av~ng appropriate facili=ies for =he serving of meals, and where, L~ considera~ion of paymen= =herefor, meals are regular!7 served a= rabies =o ~he general public, and which em- ploys an adequa=e scoff =o provide ~he usual and suirabia se.-vice guests. Such es~ablishmen= shall have fac!li=ies for seating no= less =ham one hundred ~if~y (I50) guests a= one rime. A~ leas~ for:y percen~ (40%) of =he annual receip=s of ~he eszablishmen: muse resul~ from =he sale of food. [ii] Any bowling alley wiuh ncc less uhan fifueen (!5] lanes and wi~h appro- priate faci!i~ies for she sa.~¢ing of food co mac less ~han ~hir:y sans. Such es=ablis~.me.-.~. may include ~owling receipts wi~h food receipts far purposes of ca!coloring .'he sixty per:en~ (6G%) food receip~ require- men= cf Section 5 . 502 (11) (p) and may include ~he area of i~s bow!Lug lanes tn ~he minimum dining area requlramen~ for purposes of Sec=ion (h) The Twin Ciz7 ..... opal,:an Area ts de=ined as being cc=prised of Anaka, Campier, Dakota, Henna?In, Ramsay, $cc:: and Washington Counties. COMMUNITY DEVELOPMENT DATE: TO: FROM: RE: MARCH 3, 2000 PLANNING AND ZONING COMMISSION JOE HOLLMAN, CITY PLANNER~// 120 DAY MORATORIUM ON THE CHANGE IN USE OF PROPERTY WITHIN THE BUSINESS DISTRICTS IN THE CITY On February 14, 2000, the Columbia Heights City Council adopted Resolution 2000-12, which is a resolution of the Columbia Heights City Council imposing a 120 day moratorium on the change in use of property within the business districts in the City of Columbia Heights. This moratorium was imposed in reaction to City Council concerns about recent development trends in the City, particularly in downtown Columbia Heights. The length of the moratorium is for 120 days which, in staff's estimation, will be the minimum amount of time necessary to complete the Comprehensive Plan update, the Master Redevelopment Plan for Downtown Columbia Heights, and the rewrite of the Columbia Heights Zoning Code. Please note that the resolution includes language stating that the moratorium can be shortened or extended by the City Council. The proposed moratorium will impact all business districts in the City which includes the LB Limited Business District, the CBD Central Business District, the RB Retail Business District, and the GB General Business District. The language is drafted so that any change in use will not be allowed while the moratorium is in effect. Change in use shall be interpreted to mean any occupant change from the time of adoption of this resolution which includes, but is not limited to, activities such as a change in tenant, redevelopment of property, or new development. Activities affected by this moratorium include anything requiring action by the Planning and Zoning Commission, building permits for work involving structural changes, and change in tenant or owner-occupant of a property. However, it does not include building permits for maintenance issues such as roofs and/or siding, and formal applications submitted for Planning and Zoning Commission action prior to the date of adoption of this resolution are not impacted by the moratorium. All owners of property zoned for business use in the City were notified of the moratorium in writing on February 18, 2000. Attachments RESOLUTION 2000-12 BEING A RESOLUTION OF TlcrE COLUMB~ NF~IGHTS CITY COUNCIL IMPOSING A 120 DAY MORATORIIlM ON ~ CHANGE IN USE OF PROPERTY WITHIN ~ BUSINESS DISTRICTS IN ~ CITY OF COLUMB~ I:II~IGHTS WHEREAS, on August 12, 1974, the City of Columbia Heights adopted Ordinance 818 which is an ordinance relating to and establishing a zoning plan and revised zoning map for the City of Columbia Heights; and, Wltlv~REAS, Ordinance 818 and subsequent amendments is officially known as the Columbia Heights Zoning Code; and, WltEREAS, the Columbia Heights Zoning Code divides the City into four residential districts, four business districts, and two industrial districts; and, Wlt~REAS, the four business districts are further classified in the Columbia i-icights Zoning Code as the LB Limited Business District, the CBD Central Business District, the RB Retail Businesa District, and the GB General Business District; and, WHEREAS, the City Council determines it is necessary to complete the Comprehensive Plan update, the Master Redevelopment Plan for Downtown Columbia Heights, and the rewrite of the Columbia Heights Zoning Code before permitting a change in use of any property located in the business districts within the City; and, WHEREAS, for the purpose of this resolution, change in use shall be interpreted to mean any occupant change from the time of adoption of this resolution which includes, but is not limited to, activities such as a change in tenant, redevelopment of property, or new development. NOW, TNlZ~REFORE BE IT RESOLVED THAT in an effort to protect the health, safety, and welfare oftbe public the Columbia Heights City Council hereby imposes a 120 day moratorium on the change in use of property within the business districts in the City of Columbia Heights, with said moratorium commencing and effective the date of adoption of this resolution, and recognizing said 120 day time period may be shortened or extended by adoption of a resolution oftbe City Council. BE IT FURTI:il~.R RESOLVED THAT activities affected by this moratorium include anything in the business districts requiring action by the Planning and zomg Commission, building permits for work involving structural changes, and change in tenant or owner-occupant of a property. This does not include building permits for maintenance issues such as roofs and/or siding. Also, formal applications submitted for Planning and Zoning Commission action prior to the date of adoption of this resolution will not be impacted by the moratorium. Passed this 14th day of February, 2000. Offered by: Hunter Seconded by: Szurek Roll Call: Ayes: Hunter, Szurek, Wyekoff Abstain: Peterson Pt~tricia Muscovitz, Deputy Cit~Clerk '~191ayor Gary L Peterson CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 February l8,2000 COMMUNITY DEVELOPMENT DEPARTMENT Mayor Gary L. Pctcrsor, Councilmembers Donald (J. Jolly Marlaine Szure]. Julienne Wyckoi~ John H~,,~ ' :' City ~lanager Walter R. Feh~: TO ALL OWNERS OF PROPERTY ZONED FOR BUSINESS USE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA Re: Moratorium on the Change in Use of Property in the Four Business Districts within the City of Columbia Heights, Minnesota On Monday, February 14, 2000, the Columbia Heights City Council imposed a 120 day moratorium on the change in use of property within the four business districts in the City. Affected districts include the LB Limited Business District, the CBD Central Business District, the RB Retail Business District, and the GB General Business District (see map on reverse side). For the purpose of this moratorium, change in use shall be interpreted to mean any occupant change from the time of adoption of this resolution which includes, but is not limited to, activities such as a change in tenant, redevelopment of property, or new development. Activities affected by this moratorium include anything requiring action by the Planning and Zoning Commission, building permits for work involving structural changes, and change in tenant or owner-occupant of a property. However, it does not include building permits for maintenance issues such as roofs and/or siding. This moratorium will be effective through June 13, 2000, but it may be shortened or extended by the City Council. It will be terminated as quickly as possible. The moratorium will allow the City time to complete an update to the City Comprehensive Plan, a Master Redevelopment Plan for Downtown Columbia Heights, and a rewrite of the ZOning Ordinance. These documents are being prepared with public input and participation. When completed, the City Council will have a better opportunity to guide future redevelopment efforts to meet the overall needs and goals of the community. Do not hesitate to contact me at (612) 706-3673 if you have any questions or need additional information. Sincerely, City Plam~er cc: City Attorney THE CiTY OF' COLUk.1BIA HEIGHTS DOES '~,:'F DISCRI,~IlN, ATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE: PROVISION OF SERVICE:S EQUAL OPPORTUNITY EMPLOYER City of Columbia Heights Business District Map LEGEND ~ Parcels ~-//'.,~ City Parks ~ Water ~ Business District C~ty of Hilltop Map Description This map illustrates the properties within the City of Columbia Heights that are zoned for business use and are impacted by the 120 day moratorium on the change in use of property imposed by the City Council. The four business districts include the LB Limited Business DistTict, the CBD Central Business Dist~icL the RB Retail Business District, and the GB General Business District. Sources: Columbia Heights Planning Columbia Heights Anoka County GI$ Map Date: February 17, 2000