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Home My WebLink About4-3-12 minutes PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING APRIL 3, 2012 7:00 PM The meeting was called to order at 7:00 pm by member Tracey Kinney. Commission Members present- Thompson, Peterson, and Kinney. Members Absent: Szurek and Fiorendino Also present were Gary Peterson (Council Liaison), Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Motion by Peterson, seconded by Thompson, to approve the minutes from the meeting of March 6, 2012. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2012-0401 APPLICANT: City of Columbia Heights LOCATION: City wide REQUEST: Zoning Amendment for Precious Metal Dealers Due to an inquiry about precious metal dealers, Staff noticed that the Zoning Code does not specifically address this type of business. The Zoning Code does not define this type of business, nor does it regulate which zoning district such business may locate. By conducting a thorough review of the City’s Municipal Code, it was discovered that a precious metal dealer business is licensed in the same category as pawnshops, secondhand / consignment stores and check cashing businesses. Section 5.203 of the City Code defines the purpose of licensing these types of businesses: The City Council of the City of Columbia Heights finds that pawnbrokers, secondhand goods merchants and precious metal dealers potentially provide an opportunity for the concealment of crimes because such businesses have the ability to receive and transfer stolen property easily and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers, secondhand goods merchants and precious metal dealers. The purpose of this section is, therefore, to prevent pawnbroking, secondhand goods and precious metal businesses from being used as facilities for commission of crimes and to assure that such businesses comply with the basic consumer protection standards, thereby protecting the public health, safety and general welfare of the residents of the city. P & Z Minutes Page 2 April 3, 2012 At this time, Staff proposes an amendment to the Zoning Code to define “Precious Metal Dealer” and regulate which zoning district it may be located in. In order to be consistent with the licensing procedures already established in the City Code, Staff proposes classifying this type of business in a similar manner as pawnshops, secondhand / consignment stores and check cashing businesses, with similar regulations and zoning requirements. Zoning Requirements In order to stay consistent with the licensing classification of precious metal dealers, the following zoning requirements are proposed: 1.Shall be allowed in the GB, General Business District only, as a Conditional Use Permit. 2.The use shall be located at least 3,000 feet from all existing precious metal dealers, pawnshops, currency exchanges and secondhand / consignment stores. 3.All receipt, sorting and processing of goods shall occur within a completely enclosed building. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Regulating precious metal dealers would help strengthen viable commercial areas in the City. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1.The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Regulating precious metal dealers would help strengthen viable commercial areas in the City. 2.The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would apply to all commercial districts throughout the City. P & Z Minutes Page 3 April 3, 2012 3.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 amendment would not change the zoning classification of a particular property. 4.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 the current zoning classification. The amendment would not change the zoning classification of a particular property. Staff recommends approval of the proposed zoning amendment. Questions by members: Thompson asked why the 3,000 ft. distance was established. Sargent explained that distance was set by the City Council and has been part of the Ordinance for the other businesses for quite some time. The reasoning was to try to curtail criminal activity and fencing of goods, and by limiting the number of businesses in the community, helped the Police Department oversee reports and activity. Thompson asked it the Police Department receives copies of transaction records. Sargent told members, yes, that is a requirement of our License Ordinance and will pertain to both Pawnbrokers and Precious Metal Dealers. Peterson approved of the change to the Ordinance. Motion by Peterson, seconded by Thompson, that the Planning Commission recommends the City Council approve the proposed zoning amendment. All ayes. MOTION PASSED. The following Ordinance will go to the City Council April 9, 2012 for the first reading and the rd second reading will take place on April 23. DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO PRECIOUS METAL DEALERS WITHIN THE CITY OF COLUMBIA HEIGHTS P & Z Minutes Page 4 April 3, 2012 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 meaning. PAWNBROKER. A person who loans money on deposit or pledge of personal property or other valuable items or who deals in the purchasing of personal property or other valuable items on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part thereof. PAWN SHOP. A business establishment operated by a pawnbroker. PRECIOUS METALS. Gold, silver or platinum. PRECIOUS METALS DEALER. Any person, partnership or corporation, either as principal or agent, who engages in the business of buying or selling secondhand items containing precious metal, including but not limited to jewelry, watches, coins, eating utensils, candlesticks, decorative objects and ingots. PRECIOUS METALS DEALERSHIP. Any business establishment operated by a precious metals dealer. Chapter 9, Article I, Section 9.107 (C)(14)(a) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific development standards. The following uses are subject to specific development standards: (14) Consignment/secondhand store. (a) Consignment/secondhand stores shall be identified as stores whose primary existence is derived from more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing consignment/secondhand stores, currency exchanges, and pawnshops and precious metal dealerships. [(b) – (h) shall remain unchanged.] Chapter 9, Article I, Section 9.107 (C)(15)(a) of the Columbia Heights City Code, is proposed to include the following additions and deletions: P & Z Minutes Page 5 April 3, 2012 § 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific development standards. The following uses are subject to specific development standards: (15) Currency exchange. (a) The use shall be located at least 3,000 feet from all existing currency exchanges, consignment/secondhand stores, and pawnshops and precious metal dealerships. [(b) – (e) shall remain unchanged.] Chapter 9, Article I, Section 9.107 (C)(37)(a) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific development standards. The following uses are subject to specific development standards: (37) Pawnshop. (a) The use shall be located at least 3,000 feet from all existing pawnshops, currency exchanges, and consignment/secondhand stores and precious metal dealerships. [(b) – (f) shall remain unchanged.] Chapter 9, Article I, Section 9.107 (C)(38) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific development standards. The following uses are subject to specific development standards: (38) Precious Metal Dealership (a) The use shall be located at least 3,000 feet from all existing precious metal dealerships, pawnshops, currency exchanges and consignment/secondhand stores. (b) The window and door area of any existing first floor façade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. (c) For new construction, at least 30% of the first floor façade along a public street or sidewalk shall be windows or doors of clear or lightly-tinted glass that allows views into and out of the building at eye level. (d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk is prohibited. (e) All receipt, sorting and processing of goods shall occur within a completely enclosed building. [Current Sections 9.107 (38) – (51) shall be renumbered accordingly] P & Z Minutes Page 6 April 3, 2012 Chapter 9, Article I, Section 9.110 (E)(3) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.110 COMMERCIAL DISTRICTS (E) GB, General Business District (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 § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (u) Precious metal dealerships. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: April 9, 2012 Second Reading: April 23, 2012 Date of Passage: NEW BUSINESS No other new business. OTHER BUSINESS Sargent announced that the Local Board of Review will be held in the Council Chambers on th Monday, April 9 at 6 pm. The meeting was adjourned at 7:15 pm. Respectfully submitted, Shelley Hanson Secretary