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HomeMy WebLinkAboutOctober 3, 2006 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING OCTOBER 3, 2006 7:00 PM The meeting was called to order at 7:00 pm by Chairperson, Marlaine Szurek. RollCall: Commission Members present-Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), Shelley Hanson (Secretary), and Gary Peterson (Council Liaison). Motion by Schmitt, seconded by Peterson, to approve the minutes from the meeting of September 6, 2006. All ayes. MOTION PASSED. PUBLIC HEARINGS Case 2006-1001 ZONING AMENDMENT Zoning Amendment to the Zoning Code as it relates to Auto Lots in the General Business District In the past, the City Council expressed concerns regarding the sale of vehicles, particularly used cars along the Central Avenue. As a result, the Council implemented a moratorium on used car lots and directed City Staff to study the situation and offer a viable solution to the problem. On February 14, 2006, the Auto Lot Moratorium expired, and the City Council adopted an ordinance requiring a Conditional Use Permit for all new auto sales lots within the GB, General Business District. Subsequently, the City Council directed staff to further refine the ordinance, placing restrictions on used Cat. lots in the City. City Staff has prepared a proposed amendment to the zoning ordinance to respond to the Council's directive. The proposed changes to the zoning code would essentially permit, as a Conditional Use, the sale of new and used cars throughout the General Business District (GB). The alllendment would also rezone the General Business propeliies along University Avenue to General Business Automotive (GB-A). The following would be permitted in each outlined District through the Conditional Use Permit process: GB, General Business . New car dealerships as stand-alone businesses. (Up to 30% of the vehicles sold on a new car lot could be used vehicles). . Used car dealerships as stand-alone businesses, as long as they are located in atl enclosed building. GB-A, General Business - Automotive . New car dealerships as stand-alone businesses. (Up to 30% of the vehicles sold on a new car lot could be used vehicles). . Used car dealerships as stand-alone businesses. PLANNING & ZONING COMMISSION MINUTES PAGE 2 OCTOBER 3, 2006 CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed zoning amendment would rezone all the parcels along University Avenue that are currently zoned GB, General Business, to GB-A, General Business - Automotive. The rezoning will establish a new zoning district that would allow for the stand-alone business sale of new and/or used vehicles, with all other aspects of the current zoning classification remaining the same. For this reason, the Comprehensive Plan would not be altered, ffild the proposed zoning amendment would be consistent to the Comprehensive Plan. 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. The amendment is consistent with the Comprehensive Plan because the proposed code amendment only changes auto lot sales from a permitted to a conditional use. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would allow the sale of new and used cars with a Conditional Use Permit. The proposed amendment also adds certain conditions for approval to improve the aesthetic appearance of the lots, benefiting the public at large. c) Where the amendment is to chffilge 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 zoning amendment does not change the use currently permitted, but changes auto sales from a permitted to .conditional use. . 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. Prior to this proposed amendment, auto sales were a permitted use In the GB, General Business District. Consequently, business owners specializing in auto sales established used auto lots in areas of the City that detractedji<om the aesthetic values of the City. City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would limit the establisll111ent of used car lots throughout the City and would require a Conditional Use Permit for all new and used car lots. PLANNING & ZONING COMMISSION MINUTES PAGE 3 OCTOBER 3, 2006 Ouestions from members: Thompson questioned the discrepancy of the language included in the report in regards to whether it is 30% sold or 30% displayed. Sargent stated it should be up to 30% of cars for sale on the lot may be used vehicles. This would not include employee's cars, customer's cars, etc. Sargent also clarified that used car sales would require a Conditional Use Permit if this amendment is approved. This means staff would review any applications, prepare a report, and submit a recommendation to the P & Z Commission noting the conditions that would have to be met. Fiorendino asked if thought had been given to changing the GB district to not allow used car sales, and further, to not create a GB-A district at all. Sargent stated the Council wanted to compromise between not allowing them at all and finding an area where this type of business could be conducted. Central Avenue is geared toward auto service already, however, the council wanted to keep used car lots off our main corridor. By creating this district and requiring a Conditional Use Permit, it would give the City some control over the sites where this type of business will be conducted. Fiorendino questioned whether the area around 40th and University Ave should be included in this new GB-A district. After some discussion, the members felt this area should remain zoned as a GB district. This would mean that used car lots in this district would have to be in an enclosed stlUcture. They decided to amend the recOlmnended motion that would change any GB properties to GB-A for properties lying north of 44th Ave, and leaving those to the south of 44th Avenue zoned GB. Sclm1itt asked whether car auctions would be affected. Sargent explained car auctions are not addressed in this amendment. Most sites along that corridor are not large enough to make a car auction business worthwhile, and, therefore those held are generally done as a special event. Schmitt also asked if auto sales are allowed in the Industrial District. Sargent stated that district allows auto repair businesses only. The Public I-Iearing was opened: No one wished to speak on this issue. The Public Hearing was closed. Motion by Thompson, seconded by Fiorendino, that the Planning Commission recommend the City Council approve the text amendments as outlined in the attached draft ordinance, except that only the properties north of 44th Avenue now zoned GB be changed to GB-A, and that properties south of 44'h Avenue remain in the GB district. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES PAGE 4 OCTOBER 3, 2006 DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO THE GB, GENERAL BUSINESS DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.103 Definitions. Allto alld Tl'llek Sales Lot, Used: Any land nsed or occupied for the pnrpose of buying and selling secondhand passenger cars or trucl<.s, 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 9.1 10 eC) of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 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 sq. ft. 6,000 sa. ft. Minimum Lot Width 50 ft. 40 ft. 40 ft. 20 ft. Minimum Lot Depth Lot area ner dwelling unit Single-family dwelling 6,500 sq. ft. 1 I Multiple-family dwelling Efficienev 1,200 Sq. ft. 1,200 sq. ft. One bedroom 1,800 sq. ft. 1,800 Sq. ft. Two bedroom 2,000 sa. ft. 2,000 sq. ft. Three bedroom 2,500 sq. ft. 2,500 sq. ft. Additional bedroom 400 sa. ft. 400 sq. ft. Congregate living nnits 400 sq. ft. 400 sq. ft. Hotel or motel 400 Sq. ft. Hospital 600 sq. ft. Building Setback Requirements NonresidentiaVmixed-use front yard none Residential fl'ont vard 5 ft. Front vard 15 ft. 15 ft. none Side vard IS ft. none none none Comer side vard 10 ft. 15 ft. 15 ft. 1ft. Rear vard 20 ft. 20 ft. 20 ft. 10 ft. Parking Setback Requirements Front yard 12 ft. IS ft. 15 ft. 1ft. Side yard 5 ft. 5 ft. 5 ft. none Corner side yard I2 ft. IS ft. 15 ft. 1ft. Rear yard 5 ft. 5 ft. 5 ft. 5 ft. Maximum I-Ieight 35 ft. 35 ft. 35 ft. Maximum Lot Coverage Floor area ratio 1 11.0 1.0 16.0 PLANNING & ZONING COMMISSION MINUTES PAGE 5 OCTOBER 3, 2006 Chapter 9, Article I, Section 9.110 (E) of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.110 COMMERCIAL DISTRICTS '(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 Ccnter. b) Govenunent office. e) Government protective service facility. d) Public park and/or playground. e) Recreational facility, indoor. f) Recreational facility, ontdoor. 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) ,A.utomeWI&-saleshenlah m) Banquet Hall. n) Billiards Hall. 0) Bowling Alley. p) Cat. wash. q) Clinic, medical or dental. r) Clinic, veterinary. s) Daycare facility, adult 01' 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 homc. y) Greenhouse/garden center. z) Health or fitness club. aa) Hotel/motel. bb) LaboratOlY, medical. cc) Liquor store, off-sale, dd) Museum 01' gallery. ee) Officc. ff) Reeroational vehi6le-sales. gg) Retail sales. hh) Service, professional. ii) Shopping Center. jj) Studio, professional. kk) Studio, radio and television. 11) Theater, live performance. mm) Theater, movie. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in !i 9.104, Administration and Enforcement, and the regulations for specific uses set forth in!i 9.107, Specific Development Standards: a. Government maintenance facility. b. Arcade. e. Automobile sales/rental, new. d. Automobile sales, nsed (in building). e. Recreational vehicle sales, new. PLANNING & ZONING COMMISSION MINUTES PAGE 6 OCTOBER 3, 2006 f. Recreational vehicle sales, used (in building). g. Firearms dealer/Shooting range. h. Hospital. i. Outdoor sales or display. j. Ontdoor storage. k. Parking Ramp. I. Assembly, manufacturing and/or processing. m. Printing and/or publishing. n. Consignment/Secondhand store. o. Club or lodge. p. Currency exchange. q. Pawnshop. l' Drop-in facility. Chapter 9, Article I, Section 9.110 (F) of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.110 COMMERCIAL DISTRICTS F) GB-A, General Business-Auto Oriented District 1) Purpose. The purpose of thc GB-A, General Business-Automotive 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 arc located along University Avenue and arc accessible primarily by automobile. 2) Permitted Uses. Except as specifically limited herein, the following uses are permittcd within the GB- A, General Business-Automotive District. a) Community Center. b) Government office. c) Government protective service facility. d) Public park and/or playgronnd. c) Recreational facility, indoor. I) Recreational facility, outdoor. g) School, vocational or business. h) School, performing/visual/martial arts. i) Anditorium/place of assembly. j) Automobile convenience facility. k) Automobile repair, minor. I) Banquet Hall. m) Billiards Hall. n) Bowling Alley. 0) Canvash. p) Clinic, medical 01' deutal. q) Clinic, veterinary. 1') Daycare facility, adnlt 01' child. s) Financial institution. t) Food service, convenience (fast food). n) Food service, limited (coffee shop/deli). v) Foodservice, full service (restaurant/nightclub). w) Funeral home. x) Greenhouse/gardeu ceuter. y) Health 01' fituess club. z) Hotel/motel. PLANNING & ZONING COMMISSION MINUTES PAGE 7 OCTOBER 3, 2006 aa) Laboratory, medical. bb) Liquor store, off-sale. cc) Museum 01' gallery. dd) Office. ee) Retail sales. ff) Service, professional. gg) Shopping Ceuter. hh) Studio, professional. ii) Studio, radio and televisiou. jj) Theater, live performance. kk) Theater, movie 2) COl/(litiollll1 Uses. Except as specifically limited herein, the following uses may be allowed in the GB- A, General Business-Automotive District, subject to the regulations set forth for conditional uses in ~ 9.104, Administration and Enforcement, and the regulations for specific uses set forth in ~ 9.107, Specific Developmeut Standards: a) Automobile sales/rental, new and used. b) Recreational vehicle sales, Hew 01' used. e) Government maintenance facility. d) Arcade. c) Firearms dealer/Shooting rauge. I) Hospital. g) Outdoor sales 01' display. h) Outdoor storage. i) Parking Ramp. j) Assembly, manufacturing aud/or processing. k) Printiug and/or publishing. I) Consignmeut/Secondhand store. m) Club 01' lodge. n) Currencyexchange. 0) Pawnshop. p) Drop-in facility. 3) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the GB-A, General Business-Antomotive District: a) Private garages, parking spaces and loading areas. b) Accessory buildings. c) Landscaping and other horticultural uses. d) Incidental repair 01" processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30% of the 11001' area of the building. e) Temporary construction buildings. I) Signs as regulated by Section 6 of this Chapter. Chapter 9, Article I, Section 9.110 (0) of the Columbia Heights City, is proposed to include the following additions and deletions. ~ 9.110 COMMERCIAL DISTRICTS EB (G) CBD, Celltral Business District Chapter 9, Article I, Section 9.107 of the Columbia Heights City Code, is proposed to include the following additions and deletions. PLANNING & ZONING COMMISSION MINUTES PAGE 8 OCTOBER 3, 2006 ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific Development Standards. The following nses are snbject to specific development standards. (6) Antomobile Sales/Rental, New. a) The use shall be served by a major collector or higher classification or roadway. b) In the GB, General Business District, ontdoor vehicle display for used cars shall be limited to thirty percent (30%) of the total outdoor display area for a uew car dealership. The display area shall be defiued as the totaluumber of parkiug spaees devoted to the sale of vehicles ouly, not iucludiug the required off-street parldug spaees needed for the public aud employees. c) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. d) Outdoor vehicle display areas within the public right-of-way are prohibited. e) A landscape buffer with a minimum depth of 10 feet shall be installed aud maiutained along all abutting public rights-of-way. f) Outdoor vehicle display shall be within a designated area that is hard-surfaced. 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 fi'om 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 pnmps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automohiles 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 fi'om residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. (7) Automobile Sales/Rental, Used. a) The use shall be served by a major collector or higher classification or roadway. b) In the GB, General Business District, an open-aired used car lot as a stand-alone business is prohibited. c) In the GE, General Business District, used cars may be sold as a stand-alone business if the business is contained within a building. d) In the GB, General Business District, used cars lllay not be sold accessory to businesses other than new car dealerships. e) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. I) Outdoor vehicle display areas within the public right-of-way are prohibited. g) A Iaudscape buffer with a minimum depth of 10 feet shall be iustalled and maiutained along all abuttiug public rights-of-way. h) Outdoor vehicle display shall be within a desiguated area that is hard-surfaced. i) 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. j) Music or amplified souuds shalluot be audible from adjacent resideutiaI properties. k) Outdoor vehicle display shalluot reduce the amount of off-street parkiug provided ou site below the level reqnired for the principal use. 1) An appropriate transitiou area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. m) Fuel pumps for the purpose of retail sale aud dispensing of fuel to the geueral public shall be prohibited. If the nse includes dispensing of fuel for the antomobiles maintaiued on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from ,'esidential nses. All storage tanks shall be eqnipped with vapor-tight fittings to eliminate the escape of gas vapors. Section 2: This ordinance shall be hl full force and effect fi'om and after 30 days after its passage. PLANNING & ZONING COMMISSION MINUTES PAGE 9 OCTOBER 3, 2006 CASE NUMBER: 2006-1002 ZONING AMENDMENT Zoning Amendment to the Zoning Code as it relates to Transitional Housing. Sargent explained that on March 8, 2006, a group called ATTIC approached the City with a request to place a halfway house in the City. ATTIC specializes in placing ex-convicts into halfway homes in residential areas, to transition these individuals back into society. ATTIC worked in conjunction with the Minnesota Department of Corrections to locate a transitional housing unit at 1008 Gould Avenue. It was discovered that the proposed housing unit would be located adjacent to an existing residential facility used to house people with drug and alcohol dependencies. The Council indicated that locating these types of uses next to each other would not be appropriate in a predominately single-family neighborhood, and imposed a moratorium regarding transitional housing on March 13,2006 for a one-year period. At this time, Staff proposes an amendment to the Zoning Code to address the Council's concern. The current zoning code directly addresses thc halfway home type of housing, referring to this type of housing as a "Correctional Residential Care Facility". The Code, however, only addresses this type of housing in Section 9.107, which is the Specific Development Standards section of the Code. There is no other reference to this type of housing anywhere else throughout the code and it is also not defined in the definitions section. Staff proposes modifying the Correctional Residential Care Facility Section, by defining the term and permitting this type of use in the "I-I" and "1-2" Industrial Districts through the Conditional Use Permit process. Essentially, these types of facilities shall only be located in the "I" and "1-2" Districts and CalIDot be located within 1/" mile, or 1,320 feet from another similar facility. CONSISTENCY WITH COMPREHENSIVE PLAN: The Comprehensive Plan would not be affected with the proposed zoning amendment, as there will be no rezoning of any parcel in the City. 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. The Comprehensive Plan would not be affected with the proposed zoning amendment, as there will be no rezoning of any parcel in the City. b) The amendment is in the public interest and is not solely for the benefit of a single propeliy owner. PLANNING & ZONING COMMISSION MINUTES PAGE 10 OCTOBER 3,2006 It is in the public interest to locate these types of housing units in an area in the City that would have the least influence on the residential neighborhoods in the City. One of the major goals of the Comprehensive Plan is to preserve the character of the residential areas throughout the City and the proposed amendment would help accomplish this. c) Where the amendment is to change the zoning classification ofa 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 proposed zoning amendment would not change the zoning classification of any parcel in the City. d) Where the amendment is to change the zoning classification of a pmiicular 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 proposed zoning amendment would not change the zoning classification of any parcel in the City. City Staff recommends that the Plmming and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would limit the location of Correctional Residential Care Facilities to the Industrially zoned parcels in the City. Questions from members: Schmitt asked if the City if aware of every facility that is established in Columbia Heights for these purposes. Sargent explained that even though Transitional Housing Facilities do not require any kind of City approval or licensing, most ofthe facilities are funded with County or State monies mId are regulated t1u'ough them. Usually the City is notified, but this amendment would allow the City to have some control over the number and location of such facilities. Fiorendino asked what size most of these facilities are. Sargent stated they usually look for sites that will hold between 6-12 people, and they like to locate in residential areas. By approving this amendment, a Conditional Use Permit will now be required. The Public I-Iearing was opened: Noone was present to speak on this issue. The Public Hearing was closed. Motion by Peterson, seconded by Schmitt, that the Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES PAGE 11 OCTOBER 3, 2006 ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE I-I, LIGHT INDUSTRIAL DISTRICT AND THE 1-2, GENERAL INDUSTRIAL DISTRICT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different rneaning. RESIDENTIAL CARE FACILITY, CORRECTIONAL. A licensed pnblic or private facility, which, for gain or otherwise, regularly provides one or morc dependents with 24-hour-a~day substitute for the care, food, lodging, training, supervision, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the department's own home. The term includes facilities that are licensed by the Minnesota Department of Health, foster homes, residential treatment facilities, maternity shelters, group homes, schools for challenged children, and home for battered children OJ' sponses. Such term shall also include any facility eligible for licensure by the Minnesota Department of Corrections. Chapter 9, Article!, Section 9.107 (C)(37) of the Columbia Heights City Code, is proposed to include thefollowing additions and deletions. (37) Resideutial care facility, correctional. (a) The use shall be located at least Y, mile (1,320 feet) from all existing residential care facilities and correctional residential care facilities, regardless of the licensing status of such facilities measured from property line to property lille. (b) 11/e use sill/II ollly be locllted ill tlte 1-1, Llgilt Illdustrilll DIstrict aud tlte 1-2, Geueralltuluslt'illl District parcels tltrougltout tlte City. fb}(c) The use shall not be located ill a two-family or multiple-family dwelling unless it occupies the entire structure, (e}(d) ThefaGility shall be located on a parcel meeting the minimum lot size for single-family dwelling plus and area of300 squarefeetfor each resident over -six two. The maximum number of residents m-ay--hc s;:eeific:l (;;8 c'i fJond#ien-ej /-he conditional use permit in e:'der to meet t/'lis rc::;uirc:nent shallllot exceed/our (4). {d)(e) On-site services shall be for residents of the facility only. (e}(f) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use is located. {ff(g) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in the neighborhood (g)(It) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character if the neighborhood (h}(i) ThefaGility shall meet all applicable housing, building andfire codes and be licensed as required by the State of Minnesota. NO) If the size, location, licensing or pW]Jose of the facility changes, a new or amended conditional use permit may be required Chapter 9, Article !, Section 9.! 09 (0)(3) of the Columbia Heights City Code, is proposed to include the following additions alld deletions. PLANNING & ZONING COMMISSION MINUTES PAGE 12 OCTOBER 3, 2006 ~ 9.111 INDUSTRIAL DISTRICTS. (D) I-I, Light Industrial District. (3) Conditional Uses. Except as specifically limited herein, the following nses may be allowed in the I-I, Light Indnstrial District, snbject to the regnlations set forth for conditionalnses in!i 9.104, Administration and Enforcement, and the regulations for specific uses set forth in !i 9.107, Specific Development Standards. (a) Caretaker's residence. (b) Outdoor sales and/or display. (c) Ontdoor storage. (d) Parking ramp. (e) Concrete, asphalt or rock crushing operation. (I) Salvagc operation/transfer station. (g) Adnlt enteltainment use. (h) State licensed residential care facility, correctional. (D) 1-2, General Industrial District. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the 1-2, General Industrial District, subject to the regulations set forth for conditional uses in !i 9.104, Administration and Enforcement, and the regulations for specific uses set fOlth in!i 9.107, Spccific Development Standards. (a) Caretaker's residence. (b) Ontdoor sales and/or display. (c) Outdoor storage. (d) Parking ramp. ( e) Concrete, asphalt or rock clUshing operation. (I) Salvage operation/transfer station. (g) Adnlt enteltainment nse. (h) State liccnsed rcsidential care facility, correctional. Section 2: This ordinance shall be infullforce and effectfi'om and after 30 days after its passage. CASE NUMBER: 2006-1003 ZONING AMENDMENT Zoning Amendment to the Zoning Code as it relates to Portable Swimming Pools Sargent explained he has noticed several areas in the code that need to be clarified with language that gives clear direction to staff and residents. After conducting inspections on residential propeliies in the SUlmner of 2006, it has become very apparent that residents of Columbia Heights utilize portable pools. These types of pools differ from other residential pools in that they aTe not permanent structures and can be easily maneuvered on a propeliy. City Staff received some phone calls regarding these types of pools and how they are classified by Code. The current Zoning Code does not differentiate between portable pools and permanent swimming pools. PLANNING & ZONING COMMISSION MINUTES PAGE 13 OCTOBER 3,2006 For this reason, Staff has had to classify these pools as permanent, and would require portable pools to meet the same standards as other aboveground swimming pools. These standards include the requirement of a 6-foot tall fence and a building permit required for installation. Some concerned residents were upset that they would have to fence in their entire backyard for a swimming pool that was not on the property permanently. The portable pool is typically installed at the beginning of the summer and removed when the weather gets cold. City Staff understands this concern and agrees that the current zoning code does not specifically address this type of swimming pool. For this reason, Staff proposes a zoning amendment that would allow portable swimming pools on residential properties, without needing to meet the requirements of permanent pools. CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed zoning amendment will not be creating any new zoning classifications. For this reason, the proposed amendment will be consistent with the current Comprehensive Plan. 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. The proposed zoning amendment will not be creating any new zoning classifications. For this reason, the proposed amendment will be consistent with the current Comprehensive Plan. b) The amendment is in the public interest and is not solely for the benefit of a single propelty owner. The proposed amendment would allow individuals to locate a portable pool on their property without having to meet the same standards as a permanent swimming pool. The zoning amendment isfor the entire City. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the propelty and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The proposed zoning amendment will not be changing the zoning classification of any parcel within the City. d) Where the amendment is to change the zoning classification of a particular propelty, 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 proposed zoning amendment will not be changing the zoning classification of any parcel within the City. PLANNING & ZONING COMMISSION MINUTES PAGE 14 OCTOBER 3,2006 City Staff recommends that the Plmming and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would allow for the use of portable swimming pools without meeting the same minimum requirements of a permanent swimming pool. Ouestions bv Members: Peterson questioned how temporary, portable pools and hot tubs would be differentiated from other pools that are considered permmlent. Sargent explained the difference would be detailed in the definition that states they must not be higher than 3.5 feet and have a capacity ofless than 3,000 gallons of water. The laJ1guage included in the amendment also requires a 5 foot setback from any property line, the pools must be equipped with a child resistant cover in lieu of a 6 foot tall fence. Any ladder or other means of entry shall be detached when not in use, and the pool shall not be in place longer than 6 months in a calendar year. Thompson questioned whether the language should be "maximum of 3.5 feet in height 'and' less than 3,000 gallons" or if it should state "or less than 3,000 gallons". He stated his portable pool is higher than 3.5 feet. After some discussion, it was decided to change the language to "Any temporary pool designed for easy construction and removal with a maximum height of 3.5 feet 'or' a capacity of less than 3,000 gallons of water. Sargent felt the time frame of 6 months is more crucial in defining a portable pool. The Public I-Iearing was opened. No one was present to speak to this issue. The Public Hearing was closed. Motion by Schmitt, seconded by Fiorendino, that the Planning Commission recommend the City Council approve the text amendments as outlined in the attached draft ordinance with the language amended to say "any temporary pool designedfor easy construction and removal with a maximum height of 3.5 feet 'or' a capacity of less than 3,000 gallons of water. All ayes. MOTION PASSED. ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO PORTABLE POOLS IN ALL RESIDENTIAL DISTRICT THROUGHOUT THE CITY OF COLUMBIA HEIGHTS The City ofColumhia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions. PLANNING & ZONING COMMISSION MINUTES PAGE 15 OCTOBER 3, 2006 ~ 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SWIMMING POOL, PORTABLE. Any temporary pool designed for easy construction and I'cmoval with a maximum hcight of 3.5 fcct 01' a capacity of less than 3,000 gallons of water. Chapter 9, Article 1, Section 9.106(C){4) of the Columbia Heights City Code, is proposed to include the following additions and deletions. (C) AccessOlY uses and structures. (4) Private swimming pools and courts. (g) Portable pools shall not be locatcd within five (5) feet of any side 01' real' lot line, 01' within any required front yard. Such pools may be equipped with a child-resistant covel' in lieu of a six-foot tall fence. Any ladder 01' other means of entry into a portable pool shall be detachable and placed so that no child can gain entry into the pool without the owner's consent. Portable pools shall not be in place longer than six (6) months in a calendar year. Section 2: This ordinance shall be in full force alld e.!fect fi'om and after 30 days after its passage. NEW BUSINESS None. OTHER BUSINESS Thompson stated he would like to see ffil amendment to the Zoning Ordinance that would allow seasonal greenhouse approvals to be done administratively rather than going through the' CUP process with the P & Z Commission. Everyone agreed this should be done now, before the requests begin for the spring season. Staff will work on an amendment to make this change. The meellng was adjourned at 8:00 pm. All Ayes. Respectfully submitted, ~ 'ru.QJ Shelley Hanso~ Secretary A~~oy\