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HomeMy WebLinkAboutPlanning Report CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0606 DATE: June 3, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Establishment of Shoreland Overlay District PREPARED BY: Jeff Sargent, City Planner INTRODUCTION The purpose of creating a Shoreland Overlay District is to promote the health, safety and general welfare of the citizens of Columbia Heights. The unregulated use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the City to provide an ordinance geared towards the wise use and development of shorelands of public waters. One of the main goals of the City’s Storm Water Pollution Prevention Program is to prevent, reduce and limit site erosion with different controlling methods. The establishment of a Shoreland Overlay District would greatly effect the control that the City would have over development in close proximity to Columbia Heights’ impaired waterways, to ensure that safe construction methods are utilized in order to protect these water bodies. COMPREHENSIVE PLAN One of the overarching goals of the Comprehensive Plan is to promote the health, safety and general welfare of the citizens of Columbia Heights. Establishing the Shoreland Overlay District helps accomplish this by protecting the City’s waterways. ZONING ORDINANCE The Shoreland District boundaries shall include all properties located within 1,000 feet of a designated waterway. The Shoreland Overlay District will regulate such properties if City of Columbia Heights Planning Commission June 3, 2008 City of Columbia Heights, Shoreland District Case # 2008-0606 rainwater from those properties drains directly to the waterway in question. The following is a list of the designated waterways in the City of Columbia Heights: Silver Lake Sullivan Lake Highland Lake Hart Lake Clover Pond LaBelle Pond 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 overarching goals of the Comprehensive Plan is to promote the health, safety and general welfare of the citizens of Columbia Heights. Establishing the Shoreland Overlay District helps accomplish this by protecting the City’s waterways. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The creation of the Shoreland Overlay District is not only an NPDES - Phase II requirement, it will ensure the health, safety and general welfare of the public by promoting positive construction practices in close proximity to the impaired waterways of Columbia Heights. 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 zoning classification of a particular property is not changed with the proposed establishment of the Shoreland Overlay District. The underlying zoning will still be intact once the Shoreland District is established. 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 zoning classification of a particular property is not changed with the proposed establishment of the Shoreland Overlay District. The underlying zoning will still be Page 2 City of Columbia Heights Planning Commission June 3, 2008 City of Columbia Heights, Shoreland District Case # 2008-0606 intact once the Shoreland District is established. RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the creation of the Shoreland Overlay District, which create a 1,000 – foot buffer around the impaired waterways in the City of Columbia Heights in order to impose construction standards suitable for protecting these lakes and ponds. Attachments Draft Rezoning Ordinance  Page 3