HomeMy WebLinkAboutDecember 6, 2005
CITY OF COLUMBIA HEIGHTS
590 40th Avenue N.E.. Colombia Heights, MN 5542].3878 (763) 706.3600 TOO (763) 706.3692
Visit Our Website at; \Vww.d.('olumhi(j~heiKhts.mfl,us
MEMBERS:
Marlaine Szurek, Chair
Donna Schmitt
Rob Fiorendino
Mike Peterson
David Thompson
PLANNING AND ZONING COMMISSION MEETING
7:00 PM TUESDAY, DECEMBER 6,2005
CITY HALL COUNCIL CHAMBERS
590 40 TH AVENUE NE
I. Roll Call
2, Minutes from the Planning and Zoning Commission Meeting of
November I, 2005
3. Public Hearings:
. Case #2005-1204 Zoning Amendment
Duplexes
City of Columbia Heights
. Case #2005-1205 Zoning Amendment
Auto Dealerships
City of Columbia Heights
4, New Business
5, Other Business
6, Adjourn
The Responsibility of the Planning Commission is to:
. Faithfully serve the public interest.
. Represent existing and future residents, and base our decisions and recommendations
on the Comprehensive Plan and Zoning Ordinance.
. Recognize the rights of citizens to pmticipate in planning decisions.
. Protect the natural environment and the heritage of the built environment.
. Exercise fair, honest, and independent judgment.
. Abstain from participation when they may directly or indirectly benefit from a planning
decision.
THE CITY OF CO~UMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
PLANNING AND ZONING COMMISSION
MINUTES OF THE MEETING
NOVEMBER 1, 2005
7:00 PM
The meeting was called to order at 7:00 pm by Chairperson Szurek.
RollCall:
Commission Members present-Thompson, Fiorendino, Schmitt, Peterson, and Szurek.
Also present were Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Tami Ericson Diehm
(Council Liaison) was absent.
Motion by Peterson, seconded by Fiorendino, to approve the minutes from the meeting of October 4,
2005. All ayes. MOTION PASSED.
PUBLIC HEARINGS
Case #2005-1101
APPLICANT:
LOCATION:
REQUEST:
Variance for Driveway
Benjamin Adams
638 - 38th Avenue NE
IS-foot side yard setback variance
PREPARED BY:
Jeff Sargent, City Planner
At this time, Ben Adams is requesting a IS-foot side yard setback variance for the construction of a new
driveway. The applicant's property is located in the R-3, Multiple Family Residential District. The City
of Columbia Heights' Zoning Code at Section 9.106 (L)(7)(g) states that setback for parking lots shall
be subject to the same setbacks as a structure for the district in which such parking is located. The
minimum side yard setback for a structure in the R - 3 District is 20 feet. The applicant is proposing to
construct a hard surface driveway, leading to the principal structure, S feet from the side lot line. For
this reason, a IS-foot side yard setback variance is required.
PLANNING CONSIDERATIONS
Currently, the applicant has a one-car garage adjacent to the alley in the rear of the property. The garage
functions as a storage facility for the vehicle that the applicant drives daily. On site, Mr. Adams also
stores a truck, a boat and a motorcycle on a small driveway located adjacent to the garage, accessing the
alley.
Mr. Adams stated that he has received notice from the City's Public Works Department that the larger
City vehicles and snowplows are unable to access the alley because his vehicles partially block the way.
To appease these concerns, Mr. Adams stated that he stored the vehicles on the street in front of his
house. The Police Department then contacted him stating that it is illegal to store the vehicles on the
street overnight. The only solution that Mr. Adams could find was to construct a larger driveway on his
property to accommodate his vehicles. The only location for such a driveway would be in his front yard.
PLANNING & ZONING COMMISSION MINUTES
PAGE 2
NOVEMBER 1, 2005
CONSISTENCY WITH THE COMPREHENSIVE PLAN
The comprehensive plan states that one of the housing goals of the City is to promote and preserve the
single-family housing stock as the community's strongest asset. The applicant's proposal is enabling
him, and future owners of the property, the opportunity to use the single-family use as appropriately as
any other single-family dwelling owner in the city. By storing vehicles on his property as opposed to
storing them along city rights-of-way, the proposal is consistent with the comprehensive plan in that it is
preserving the single-family use of the land.
FINDINGS OF FACT
The following are required findings that the City Council must make before approving a variance
request in the City of Columbia Heights: .
1. Because of the particular physical surroundings, or the shape, configuration, topography, or
other conditions of the specific parcel of land involved, strict adherence to the provisions of
this article would cause undue hardship.
The applicant's current one-car garage lies approximately 2 feet from the alley, and the adjacent
driveway is not long enough to accommodate the lengths of the truck or trailer. In order to
extend the current driveway further into the property to gain enough room to store the vehicles,
extensive excavation and grading would need to occur because of the steep topography of the
land. The applicant stated that the rear yard sits approximately 4 feet higher than the driveway
and alley in the rear.
The applicant's property is only 35 feet in width. Given the specified criteria for placing a
driveway in this district, there would be no way to place the driveway 20 feet from either side lot
line without requiring a variance to do so.
2. The conditions upon which the variance is based are unique to the specific parcel of land
involved and are generally not applicable to other properties within the same zoning
classification.
There are only three residential properties in this area adjacent to 38th Avenue. The topography
of the land is consistent throughout each of the three properties, with the rear yards being
approximately 4 feet higher than the driveway and alley. Compared to the rest of the City, the
topographical conditions of these three parcels are unique in the R-3 District.
3. The difficulty or hardship is caused by the provisions of this article and has not been created
by any person currently having a legal interest in the property. .
The provisions of this article state that residents shall store personal vehicles completely within
the confines of their property. The topographic conditions of Mr. Adams' property make it
impossible to do so. The applicant has in no way created the stated hardship.
PLANNING & ZONING COMMISSION MINUTES
PAGE 3
NOVEMBER I, 2005
4. The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
As stated previously, granting this variance request will help preserve the single-family housing
stock as the community's strongest asset by allowing the applicant to reasonably use his property
as other single-family dwelling owners may throughout the City.
5. The granting of the variance will not be materially detrimental to the public welfare or
materially injurious to the erifoyment, use, development or value of property or improvements
in the vicinity. .
The applicant stated that the neighbor to the west has a driveway in the front yard leading to the
principal structure as well. Mr. Adams has indicated that he would like to install a driveway in a
similar fashion. City Staff feels that installing a driveway in the proposed location would not be
materially detrimental to the public welfare for this reason.
Conclusion
City Staff feels that the applicant's stated hardship justifies the variance request at hand. Installing a
driveway 5 feet from the side lot line is consistent with the CUll'ent placement of the house on the
property, and will not be detrimental to the residential characteristic of the area.
Questions from Commissioners:
Peterson asked whether granting the variance would set a precedence for the City as a whole, or does
granting the variance justify that an exception in this case is necessm'y. Sargent responded that each
variance case is unique and even though the variance could affect an area, they usually do not have an
affect city wide. He said each case should be considered individually and that variances are an
established way for the City to grant exceptions for special cases.
Schmitt asked the applicant if the fence in the back of the property could be moved to allow more
vehicle parking there.
Ben Adams, the applicant, responded that no, he could not gain more parking in the rear of the yard as
the back yard is four feet higher in elevation than the parking area adjacent to the alley. He showed
them a picture depicting the topography.
Szurek questioned what type of hard surface he was going to be installing. Mr. Admns stated that he
planned on using blacktop.
PLANNING & ZONING COMMISSION MINUTES
PAGE 4
NOVEMBER 1,2005
The Public Hearing was opened for comments.
John Fitzgerald 3727 Madison Place is the property owner to the west of Mr. Adams. He has a
driveway in his front yard also coming off 38th Avenue. His concern was that additional hard surface
parking on that lot would increase the run off that flows down the street from east to west and ponds in
his driveway. He stated that after the SACA Building was built and 38th Avenue was reconstructed, the
slope of the street directs all the water to the south side of the street and it causes flooding of his
driveway and lot. Szurek suggested he contact Kevin Hansen at Public Works to see ifhe had any ideas
that would help alleviate the problem.
Mr. Adams told the commission that Mr. Fitzgerald's driveway slopes from the street down towards his
house, so the city would have a hard time correcting. The water run offis following the natural flow that
exists in the block. Mr. Fitzgerald's driveway slope should be corrected to direct the water toward the
street, not towards his house.
Peterson asked if we can add a condition to the approval to address the run off issue.
Szurek stated that ifMr. Adams installs his driveway correctly and directs the water run off to the street
and not directly onto the neighboring property, he is meeting the requirements of the City. If corrections
cannot be made by the City, Mr. Fitzgerald may have to correct the slope of his driveway to alleviate the
problems he is experiencing.
The Public Hearing was closed.
Motion byPeterson, seconded bySchmitt, that the Planning Commission approve the 15-foot side yard
setback variance for the construction of a driveway with the following conditions:
1. The applicant shall obtain a boundary survey to accurately denote the placement of the
side lot line.
2. The driveway shall be swfaced with a dustless all-weather hard swface material.
Acceptable materials include asphalt, concrete, brick, cement pavers or similar material
installed and maintained per industry standards. Crushed rock shall not be considered
an acceptable surfacing material.
All ayes. Motion Passed.
Motion byPetersosn, seconded by Fiorendino, that the Planning Commission recommends the City
Council approve the 15 foot side yard setback variance for the construction of a driveway. ill ayes.
Motion Passed.
PLANNING & ZONING COMMISSION MINUTES
PAGE 5
NOVEMBER 1,2005
Planner Sargent told the members that a copy of a draft Resolution was included in the agenda packets.
He stated this will be standard practice from now on regarding cases that go to the Council. He stated
that any conditions will be included in the Resolutions and the applicant will have to sign the
Resolution. This will ensure that City Staff and the applicants are aware of the date the Council
approves requests and any stipulations that are required.
This case will go to the City Council at the November 14,2005 meeting.
NEW BUSINESS
None
MISCELLANEOUS
A memo was passed out regarding the 2 am bar closing. Sargent explained that responses were received
from 3 members of the commission. He stated that if anyone else wishes to comment on this to do so as
quickly as possible as he is going to pass these comments on to the Police Chief and the Council
members so they can take them into consideration when they discuss this topic.
Sargent then updated the Commission members on the Sarna project. He stated the vacation of
University Avenue Service Road will probably be on next month's agenda. He stated he didn't think
construction would begin until 2006.
The members were given commemorative plaques from the groundbreaking for Phase II of the Industrial
Area Redevelopment that took place on October 18, 2005.
Motion by Fiorendino, seconded by Schmitt to adjourn the meeting at 7:30 pm.
Respectfully submitted,
Shelley Hanson
Secretary
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
2005-1204
DATE:
November 23, 2005
TO:
Columbia Heights Planning Commission
APPLICANT:
City of Columbia Heights
REQUEST:
Zoning Amendment to the Zoning Code as it relates to the
R-2, One and Two Family Residential District
PREPARED BY:
Jeff Sargent, City Planner
BACKGROUND: Due to recent events related to the construction of new duplexes in
neighborhoods primarily comprised of single-family homes, the City Council and
Planning Commission directed staff to review the zoning regulations governing
duplexes. Specifically, the City Council and Planning Commission have expressed
concerns over duplexes located in predominately single-family neighborhoods and the
scale or size of duplexes being constructed compared to the character of the
surrounding neighborhood.
Patrick Smith, a former Columbia Heights City Planner, did some research regarding
duplexes within the city limits and addressed his conclusions in a memo submitted to
the City Council on May 17, 2005. The memo stated that based on rental licenses,
there are approximately 354 duplexes located in the City of Columbia Heights. Staff
also compared Columbia Heights to 12 similarly developed cities, and concluded that
Columbia Heights has the highest percentage of dwelling units that are duplexes, at
6.7%. This is well over the average of 2.3% for the other 12 cities. It was also
discovered that Columbia Heights has the second smallest minimum lot size
requirement for duplexes at 8,400 square feet, compared to the average lot size for
duplexes in the other cities at 12,130 square feet.
With this information, it can be interpreted that the City of Columbia Heights has an
over-abundance of duplexes, on fairly small pieces of property. When duplexes are
constructed on smaller lots, it causes a crowding effect, especially when they are
located adjacent to single-family residences. In order to help appease this problem,
Staff has recommended that the ordinance be amended establishing a new 'zoning
district specifically for duplex uses.
City of Columbia Heights Planning Commission
Text Amendment R-2 District
November 23, 2005
Case # 2005-1204
ANALYSIS: The formation of a new zoning district, along with the text amendment
requiring a larger minimum lot size for duplexes and twin homes will cause some non-
conformity. The existing duplexes will be affected in one of two ways. All current
duplexes will be zoned to the R-28 zoning District, which would require a minimum lot
size of 5,100 square feet for those duplexes and twin homes constructed prior to
January 1, 2005 and 12,000 square feet for those duplexes and twin homes constructed
after January 1, 2005. The only duplexes or twin homes that would become legally non-
conforming would be those duplexes and twin homes constructed prior to January 1,
2005 that had a lot size of less than 5,100 square feet.
All proposed duplexes and twinhomes would be allowed in either the R-2A or R-28
Districts through a Conditional Use Permit. Any newly constructed duplex must be
located on a property of at least 12,000 square feet.
CONSISTENCY WITH COMPREHENSIVE PLAN: There are two pertinent housing
goals stated in the City's Comprehensive Plan regarding duplexes and single-family
neighborhoods. First, the City will "provide a variety of life-cycle housing opportunities
within the community". Second, the City will "promote and preserve the single-family
housing stock as the community's strongest asset". An implementation strategy for the
second goal is that the City will identify non-conforming uses within residential districts
and take actions to bring them into compliance.
NON-CONFORMING USES: Non-conforming uses may continue indefinitely unless the
nonconformity or occupancy is discontinued for a period of more than one year, or the
nonconforming use is destroyed by fire or other peril to the extent of greater than 50%
of its market value, and no building permit has been applied for within 180 days of when
the property is damaged. In addition, current regulations do not allow non-conforming
uses, including duplexes, to expand.
FINDINGS OF FACT: The City Council shall make each of the following findings before
granting approval of a request to amend the City Code. They are as follows:
a) The amendment is consistent with the comprehensive plan.
There are two pertinent housing goals stated in the City's Comprehensive Plan
regarding duplexes and single-family neighborhoods. First, the City will ''provide
a variety of life-cycle housing opportunities within the community". Second, the
City will ''promote and preserve the single-family housing stock as the
community's strongest asset". These proposed amendments would be
consistent with the Comprehensive Plan.
b) The amendment is in the public interest and is not solely for the benefit of a
single property owner.
Page 2
City of Columbia Heights Planning Commission
Text Amendment R-2 District
November 23, 2005
Case # 2005-1204
The City of Columbia Heights is proposing these City Code amendments
because staff feels that they are beneficial to the community. City staff has
received numerous complaints and questions regarding duplexes and twin
homes, which the City hopes these Code amendments would help al/eviate.
c) Where the amendment is to change the zoning classification of a particular
property, the existing use of the property and the zoning classification of
property within the general area of the property in question are compatible
with the proposed zoning classification.
The properties that will be rezoned will be rezoned to a zoning classification
specific to the properties in question. Therefore, the existing use of the
properties and the zoning classifications of property within the general area of the
property in question would be compatible.
d) Where the amendment is to change the zoning classification of a particular
property, there has been a change in the character or trend of development in
the general area of the property in question, which has taken place since
such property was placed in its current zoning classification
The trend in this case has been to construct duplexes and twin homes in
predominantly single-family districts. The proposed amendments will help
protect the single-family housing stock by requiring new duplexes and twin
homes to obtain a Conditional Use Permit prior to construction.
RECOMMENDATION: Staff recommends rezoning originally constructed duplexes to
R-2B and the rest of R-2 to R-2A. Duplexes should be permitted in both R-2B and R-2A
as Conditional Uses. Minimum lot size for R-2A should be 12,000 square feet.
Minimum lot sizes for R-2B should be 5,100 square feet for lots existing on January 1,
2005, or 12,000 square feet for lots established after January 1, 2005.
Motion: The Planning Commission recommends that the City Council approve the text
amendments outline in the attached draft ordinance, and the rezoning of those
properties pertaining to the matter.
Attachments:
. Draft Ordinance
. Proposed Zoning Map
Page 3
ORDINANCE NO. XXXX
BEING AN ORDINANCE AMENDING THIS CITY CODE
AT SECTION 9.107 (C)(44)(a-c), AND SECTION 9.109 (C), (F)(1-4)
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.107 of the Columbia Heights City Code is hereby amended to
read:
~ 9.107 SPECIFIC DEVELOPMENT STANDARDS
(C) Specific Development Standards. The following uses are subject to specific development
standards:
(44) Two-family and Twinhome Dwellings
(a) Street-facing garage doors must be recessed behind either the front fa~ade of the living
area portion of the dwelling or a covered porch (measuring at least six feet by eight feet)
by at least five feet.
(b) Iflocated on a corner lot, each unit of the duplex or twinhome shall have its address and
entrance oriented to a separate street frontage.
(c) Vehicle access to a lot must be from an alley if the lot abuts an alley.
Chapter 9, Article I, Section 9.109 of the Columbia Heights City Code is hereby amended to
read:
~ 9.109 RESIDENTIAL DISTRICTS.
(C) Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage
requirements for uses in the residential districts shall be as specified in the following table:
R-t ~ R-2A R-2B R-3 R-4
Minimum Lot Area
Single Family Dwelling 8,400 sa. ft. , 6,500 sa. ft. 6,500 sa. ft. 6,500 sa. ft. 6,500 sa. ft.
Two-Family and Twinhome 8,499 sq. ft. 12,000 sq. ft. Existing on 8,400 sq. ft. 8,400 sq. ft.
Dwelling 9,909 sq. ft. January 1,2005-
5,100 sq. ft.
Established after -
January I, 2005 -
12,000 sa. ft.
Multiple Family Dwelling 10,000 sa. ft. 10,000 sa. ft.
Non-residential Structure 8,400 sq. ft. , 6,500 sa. ft. 6,500 sa. ft. 10,000 sa. ft. 10,000 Sq. ft.
Lot Area Per Dwelling Unit
Multiple Family Dwellin.
Efficiency , 1,200 sa. ft. 800 sa. ft.
One bedroom , 1,800 sa. ft. 1,000 sa. ft.
Two bedroom , 2,000 sq. ft. 1,200 sa. ft.
Three bedroom 2,500 sq. ft. 1,500 sa. ft.
Additional bedroom 400 sa. ft. 200 sa. ft.
Con.re.ate Living Units 400 sq. ft. 400 sq. ft.
Minimum Lot Width 70 reet 6G-feet 60 reet 60 reet 70 reet 70 ft.
Minimum Lot Deoth
Residential Buildin. Setbacks
Front Yard 25 reet U-reel 25 reet 25 reet 30 reet 15 reet
Side Yard 7 reet" .>-feet!'- 5 reet" 5 reet" 20 reet 10 reet
Corner Side Yard 12 reet .J.G-teet 10 reet 10 reet 30 reet 15 reet
Rear Yard 20% oflot 20% oflet 20% oflot 20% or lot depth 30 reet 15 reet
denth demh denth
Non-residential Buildin. Setbacks
Front Yard 25 reet U-reel 25 reet 25 reet 30 reet 15 reet
Side Yard 40 reet W-feel 30 reet 30 reet 25 reet 10 reet
Corner Side Yard i2 reet .J.G-teet 10 reet 10 reet 30 reet 15 reet
Rear Yard 40 reet W-feel 30 reet 30 reet 25 reet 10 reet
Single & Two Family Parking
, Setbacks
Front Yard (excludin. drives/Dads) 25 reet U-reel 25 reet 25 reet 30 reet 30 reet
Side Yard 3 reet Ueet 3 reet 3 reet 3 reet 3 reet
Corner Side Yard 3 reet Ueet 3 reet 3 reet 3 reet 3 reet
Rear Yard 3 reet Ueet 3 reet 3 reet 3 reet 3 reet
Multiple Familv Parkin. Setbacks
Front Yard 30 reet 30 reet
Side Yard JO reet 10 reet
Corner Side Yard 30 reet 30 reet
Rear Yard JO reet 10 reet
Non-residential Parkin. Setbacks
Front Yard 25 reet U-reel 25 reet 25 reet 30 reet 30 reet
Side Yard JO reet .J.G-feel 10 reet JO reet 10 reet 10 reet
Corner Side Yard 25 reet U-reel 25 reet 25 reet 30 reet 30 reet
Rear Yard JO reet .J.G-teet 10 reet 10 reet 10 reet JO reet
Maximum Hei.ht
Residential structures 28 reet ~ 28 reet 28 reet 35 reet 35 reet
NonHresidential structures 35 reet :>.>-feel 35 reet 35 reet 35 reet 35 reet
Non-residential Floor Area Ratio 2.2
Chapter 9, Article I, Section 9.109 (F) ofthe Columbia Heights City Code is hereby amended to
read:
(F) R-2A and R-2B, ~ Two Family Residential District.
1) Purpose. The purpose ofthe R-2A and R-2B R4 Two Family Residence Districts is to
provide appropriately located areas for single-family dwellings, two family dwellings
( duplexes) and directly related complementary uses.
2) Permitted Uses. Except as specifically limited herein, the following uses are permitted
within the R-2A and R-2B R4, Two Single Family Residential Districts:
a) Single-family dwelling, detached.
b) TVIO family (hvelling.
c) T',viM0Ine dwelling.
d) State licensed residential care facility serving 6 or fewer persons.
e) Licensed day care facility serving 12 or fewer persons.
f) Licensed group family day care facility serving 14 or fewer children.
g) Public parks and playgrounds.
3) Conditional Uses. Except as specifically limited herein, the following uses may jJe
allowed in the R-2A and R-2B R,.-;?" Two Family Residential Districts, subject to the
regulations set forth for conditional uses in Section 4, Administration and Enforcement,
and the regulations for specific uses set forth in Section 7, Specific Development
Standards:
a) Two-family dwelling
b) Twinhome dwelling
c) Religious facility/place of worship.
d) Convent or monastery, when accessory to a religious facility.
e) School, public or private, K-12.
f) Government office.
g) Government protective service facility.
h) Golf course.
i) Off-street parking for an adjacent conforming cornmercial or industrial use,
provided the lots are under common ownership, is not separated by a public right
of way and front on the same public right-of-way.
4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory
uses shall be in the R-2A and R-2B R,.-;?" Two Family Residential Districts:
a) Private garages, carports and parking spaces.
b) Accessory buildings.
c) Home occupations.
d) Boarding or renting of rooms to not more than two (2) persons.
e) Private swimming pools, tennis courts and other recreational facilities operated
for the sole use and convenience of the residents of the principal use and their
guests.
f) Decorative landscaping, Gardening and other horticultural uses.
g) Temporary construction buildings.
h) Signs as regulated by Section 6 of this Chapter.
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
First Reading:
Second Reading:
Date of Passage:
,2005
,2005
Offered by:
Seconded by:
RollCall:
Mayor Gary 1. Peterson
Attest:
Patricia Muscovitz, Deputy City Clerk
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
DATE:
2005-1205
November 23, 2005
TO:
Columbia Heights Planning Commission
APPLICANT:
REQUEST:
City of Columbia Heights
Zoning Amendment to the Zoning Code as it relates to the
GB, General Business District
PREPARED BY:
Jeff Sargent, City Planner
BACKGROUND: At the February 1, 2005 Planning Commission meeting, the Planning
Commission questioned if used car lots were an appropriate use along Central Avenue
and University Avenue. The Zoning Ordinance currently permits used automobile
businesses in the General Business District, and prohibits used automobile businesses
in the Central Business and Limited Business Districts. Prior to any zoning ordinance
amendments, the Planning Commission and staff believed it to be prudent to adopt an
emergency ordinance prohibiting the expansion or establishment of motor vehicles
sales and/or lease in the General Business District. On August 12, 2005, the City
Council adopted the emergency ordinance. This ordinance expires on February 14,
2006, and could be renewed for up to an additional 6 months through August 14, 2006.
ANALYSIS: It is important to continue to allow the sale of used cars within the city, but
to allow them only as a component of a new car dealership. Staff recommends that it
would be in the best interest of the city to locate all new car lots away from Central
Avenue, which was also consistent with the intent of the moratorium imposed on used
car lots.
Staff recommends establishing a new zoning district, which replaces the GB, General
Business District along University Avenue, with a district that would allow for sale of new
and used cars (GB-A, General Business-Automotive). One major change would be the
requirement for a Conditional Use Permit (CUP) for any newly established new car
dealership in the GB-A District. The new district would also prohibit any used car lot to
be created as its own separate entity, or as part of any business other than a new car
dealership. However, new car dealerships would be allowed to sell used cars if the
used car component of the dealership consisted of no more than 30% of the total
outdoor display area pertaining to for-sale vehicles. The display area would be defined
as the number of parking stalls dedicated towards the sale of vehicles, excluding the
City of Coiumbia Heights Planning Commission
Text Amendment, GB District
November 23, 2005
Case # 2005-1205
parking stalls required for off-street parking for customers and employees.
Requiring a CUP for all new car dealerships would enable the city to ensure that the
dealership would meet all City Code requirements at the time of application, as well as
continual code compliance throughout the life of the business. In addition to the
creation of a new zoning district, new and used auto sales would be removed as a
permitted or conditional use from the current GB zoning district, prohibiting a new car
dealership to be established along Central Avenue.
CONSISTENCY WITH COMPREHENSIVE PLAN: Two goals of the Comprehensive
Plan are to "enhance the image and viability of the University Avenue corridor" and to
"enhance the image and viability of the Central Avenue corridor". In addition, the
Comprehensive Plan states, ''The City will facilitate the enhancement and partial
redevelopment of the University and Central Avenue corridors in a (l1anner that is
compatible with and supportive of transit and transit-related land use patterns".
FINDINGS OF FACT: The City Council shall make the following findings before
granting approval of a request to amend the City Code. These findings are as follows:
a) The amendment is consistent with the comprehensive plan.
Two goals of the Comprehensive Plan are to "enhance the image and viability of
the University A venue corridor" and to "enhance the image and viability of the
Central Avenue corridor'. In addition, the Comprehensive Plan states, "The City
will facilitate the enhancement and partial redevelopment of the University and
Central Avenue corridors in a manner that is compatible with and supportive of
transit and transit-related land use patterns". The proposed text amendments will
be consistent with the intent of the Comprehensive Plan.
b) The amendment is in the public interest and is not solely for the benefit of a
single property owner.
The City has received complaints regarding properties used solely as used car
dealerships. The proposed text amendments would benefit the public by limiting
the areas in which new car lots could be located, and imposing conditions upon
new car lots that are established.
c) Where the amendment is to change the zoning classification of a particular
property, the existing use of the property and the zoning classification of
property within the general area of the property in question are compatible
with the proposed zoning classification.
The newly created zoning district, GB-A, General Business-Automotive, is
specific to new car dealerships through a Conditional Use Permit. The existing
Page 2
City of Columbia Heights Planning Commission
Text Amendment, GB District
November 23, 2005
Case # 2005-1205
use of the GB District along University Avenue and the proposed zoning
classification would therefore be compatible.
d) Where the amendment is to change the zoning classification of a particular
property, there has been a change in the character or trend of development in
the general area of the property in question, which has taken place since
such property was placed in its current zoning classification.
The City has discovered several used car lots being established in areas that
would not normally be suited for such a use, but zoned appropriately for them.
The intent of the text amendments is to help alleviate these situations and
establish a zoning district in which new car dealerships can be located.
RECOMMENDATION: Staff recommends rezoning those parcels along University
Avenue from GB, General Business, to GB-A, General Business-Automotive. New and
used car lots will be Conditional Uses in the GB-A District and will no longer be
permitted uses in the GB District.
Motion: The Planning Commission recommends that the City Council approve the text
amendments as outlined in the attached draft ordinance and approve the rezoning of
those properties affected, as indicated on the attached zoning map.
Attachments
. Draft Ordinance
. Proposed Zoning Map
Page 3
ORDINANCE NO. XXXX
BEING AN ORDINANCE AMENDING THIS CITY CODE
AT SECTION 9.103, 9.110 (C), (F)(1-4), AND SECTION 9.107 (C)
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code is hereby amended to read:
~ 9.103 Definitions.
Auto and Truck Sales Lot, Used: Any land used or occupied for the purpose of buyiug and
selling secondhand passenger cars or trucks, and the storing of such vehicles prior to sale.
Automobile, Used: Any secondhand, previously owned passenger vehicle, car, or truck.
Chapter 9, Article I, Section 9.110 (C) of the Columbia Heights City Code is hereby amended to
read:
~ 9.110 COMMERCIAL DISTRICTS
(C) Lot dimension, height, and bulk requirements, Lot area, setback, height and lot coverage
requirements for uses in the commercial districts shall be as specified in the following table:
LB GB GB-A CBD
Minimum Lot Area 6,000 sa. ft. 6,000 sa. ft. 6,000 sa. ft.
Minimum Lot Width 50 ft. 40 ft. 40 ft. 20 ft.
Minimum Lot Depth
Lot area per dwellin. unit
Single-family dwelling 16,500 sa. ft. I I
Multiple-family dwellin.
Efficiency 1,200 sq. ft. 1,200 sa. ft.
One bedroom 1,800 sa. ft. 1,800 Sq. ft.
Two bedroom 2,000 sa. ft. 2,000 sa. ft.
Three bedroom 2,500 sq. ft. 2,500 sa. ft.
Additional bedroom 400 sa. ft. 400 sa. ft.
Congregate liying units 400 sq. ft. 400 sa. ft.
Hotel or motel 400 Sq. ft.
Hospital 600 sa. ft.
Building Setback Reauirements
Nonresidential/mixed-use front yard none .
Residential front yard 5 ft.
Front yard 15 ft. 15 ft. none
SIde yard 15 ft. none none none
Corner side yard 10 ft. 15 ft. 15 ft. 1ft.
Rear yard 120ft. 120 ft. 120 ft. 110 ft.
Parking Setback Requirements
Front yard 12 ft. 15 ft. 15 ft. 1 ft.
Side yard 5 ft. 5 ft. 5 ft. none
Comer side yard 12 ft. 15 ft. 15 ft. 1ft.
Rear yard 5 ft. 5 ft. 5 ft. 5 ft.
Maximum Height 35 ft. 35 ft. 35 ft.
Maximum Lot Coyerage
Floor area ratio 1 11.0 11.0 6.0
Chapter 9, Article I, Section 9.110 (E) of the Columbia Heights City Code is hereby amended to
read:
(E) GB, General Business
2) Permitted Uses. Except as specifically limited herein, the following uses are
permitted within the GB, General Business District.
a) Community Center.
b) Government office.
c) Government protective service facility.
d) Public park and/or playground.
e) Recreational facility, indoor.
f) Recreational facility, outdoor.
g) School, vocational or business.
h) School, performing/visual/martial arts.
i) Auditorium/place of assembly.
j) Automobile convenience facility.
k) Automobile repair, minor.
1) f.utoffiobile sales/re!ltal.
m) Banquet Hall.
n) Billiards Hall.
0) Bowling Alley.
p) Car wash.
q) Clinic, medical or dental.
1') Clinic, veterinary.
s) Daycare facility, adult or child.
t) Financial institution.
u) Food service, convenience (fast food).
v) Food service, limited (coffee shop/deli).
w) Food service, full service (restaurant/nightclub).
x) Funeral home.
y) Greenhouse/garden center.
z) Health or fitness club.
aa) Hotel/motel.
bb) Laboratory, medical.
cc) Liquor store, off-sale.
dd) Museum or gallery.
ee) Office.
ff) Recreational vehicle sales.
gg) Retail sales.
hh) Service, professional.
ii) Shopping Center.
jj) Studio, professional.
kk) Studio, radio and television.
II) Theater, live performance.
mm) Theater, movie.
Chapter 9, Article I, Section 9.110 (F) of the Columbia Heights City Code is hereby amended to
read:
(F) GB-A, General Business-Auto Oriented District
1) Purpose. The purpose of the GB-A, General Business-Auto Oriented District is
to provide appropriate locations for general retail sales, services and other
commercial developments, specifically New Automobile Dealerships that benefit
from their proximity to other commercial uses and University Avenue. These
areas are located along University Avenue and are accessible primarily by
automobile.
2) Permitted Uses. Except as specifically limited herein, the following uses are
permitted within the GB-A, General Business-Auto Oriented District.
a) Community Center.
b) Government office.
c) Government protective service facility.
d) Public park and/or playground.
e) Recreational facility, indoor.
f) Recreational facility, outdoor.
g) School, vocational or business.
h) School, performing/visual/martial arts.
i) Auditorium/place of assembly.
j) Automobile convenience facility.
k) Automobile repair, minor.
I) Banquet Hall.
m) Billiards Hall.
a) Bowling Alley.
b) Car wash.
c) Clinic, medical or dental.
d) Clinic, veterinary.
e) Daycare facility, adult or child.
f) Financial institution.
g) Food service, convenience (fast food).
h) Food service, limited (coffee shop/deli).
i) Food service, full service (restaurant/nightclub).
j) Funeral home.
k) Greenhouse/garden center.
I) Health or fitness club.
m) Hotel/motel.
n) Laboratory, medical.
0) Liquor store, off-sale.
p) Museum or gallery.
q) Office.
r) Retail sales.
s) Service, professional.
t) Shopping Center.
u) Studio, professional.
v) Studio, radio and television.
w) Theater, live performance.
x) Theater, movie
3) Conditional Uses. Except as specifically limited herein, the following uses may be
allowed in the GB-A, General Business-Auto Oriented District, subject to the
regulations set forth for conditional uses in Section 4, Administration and
Enforcement, and the regulations for specific uses set forth in Section 7, Specific
Development Standards:
a) Government maintenance facility.
b) Arcade.
c) Automobile sales/rental, new and used.
d) Recreational vehicle sales, new or used.
e) Firearms dealer/Shooting range.
f) Hospital.
g) Outdoor sales or display.
h) Outdoor storage.
i) Parking Ramp.
j) Assembly, manufacturing and/or processing.
k) Printing and/or publishing.
I) Consignment/Secondhand store.
m) Club or lodge.
n) Currency exchange.
0) Pawnshop.
p) Drop-in facility.
4) Permitted Accessory Uses. Except as specifically limited herein, the following
accessory uses shall be permitted in the GB-A, Gcneral Business-Auto Oriented
District:
a) Private garages, parking spaces and loading areas.
b) Accessory buildings.
c) Landscaping and other horticultural uses.
d) Incidental repair or processing necessary to condnct the permitted principal
use, provided the accessory use does not exceed 30% ofthe floor area ofthe
building.
e) Temporary construction buildings.
1) Signs as regulated by Section 6 of this Chapter.
Chapter 9, Article I, Section 9.110 (0) of the Columbia Heights City Code is hereby amended to
read:
tF1 (G) CBD, Central Business District
Chapter 9, Article I, Section 9.107 of the Columbia Heights City Code is hereby amended to read:
~ 9.107 SPECIFIC DEVELOPMENT STANDARDS
(C) Specific Development Standards. The following uses are subject to specific development
standards.
Automobile Sales/Rental, New and/or Used
a) The use shall be served by a major collector or higher classification or roadway.
b) A used car lot shall be solely accessory to a new automobile dealership. A used car
lot as a stand-alone business is prohibited.
c) Outdoor vehicle display for used cars shall be limited to thirty percent (30%) ofthe
total outdoor display area. The display area shall be defined as the total number of
parking spaces devoted to the.sale of vehicles only, not including the required off-
street parking spaces needed for the public and employees.
d) Outdoor vehicle display areas shall meet the setback requirements for a principal
structure in the zoning district in which the use is located.
e) Outdoor vehicle display areas within the public right-of-way are prohibited.
f) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained
along all abutting public rights-of-way.
g) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as
needed. The storage of inoperable, junk vehicles and vehicles with expired tabs is
prohibited.
h) Music or amplified sounds shall not be audible from adjacent residential properties.
i) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site
below the level required for the principal use.
j) An appropriate transition area between the use and adjacent property shall be provided by
landscaping, screening or other site improvements consistent with the character of the
neighborhood.
k) Fuel pumps for the purpose of retail sale and dispensing offuel to the general public shall
be prohibited. If the use includes dispensing of fuel for the automobiles maintained on
site, the use shall employ best management practices regarding the venting of odors, gas,
and fumes. Such vents shall be located a minimum often (10) feet above grade and shall
be directed away from residential uses. All storage tanks shall be equipped with vapor-
tight fittings to eliminate the escape of gas vapors.
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
First Reading:
Second Reading:
Date of Passage:
,2005
,2005
Offered by:
Seconded by:
RollCall:
Mayor Gary 1. Peterson
Attest:
Patricia Muscovitz, Deputy City Clerk