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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