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CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2007-0302
DATE: March 6, 2006
TO: Columbia Heights Planning Commission
APPLICANT: City of Columbia Heights
REQUEST: Zoning Amendment to the Zoning Code as it relates to
Seasonal Outdoor Sales
PREPARED BY: Jeff Sargent, City Planner
BACKGROUND
The Planning Commission and the City Council’s time are not put to the best use while
processing a request for Seasonal Outdoor Sales proposals. The Seasonal Outdoor
Sales applications that are received by the City are proposed by companies that have
been conducting the same business in the same location for a considerable amount of
time.
In the 2006 season, three of the nine Conditional Use Permits that were processed by
the Planning Commission and the City Council were proposals for greenhouses
throughout the city. Those three companies requesting the CUP have conducted 31
combined years of business in the City of Columbia Heights.
The Linder’s Greenhouse, which locates in the Rainbow Grocery Store parking lot, has
conducted business in Columbia Heights for the past 17 years. Each year, the
application is identical to the previous year’s application, and each year the CUP gets
approved. This redundancy of applying for and receiving a CUP for this type of use
throughout the city wastes the Planning Commission and City Council’s time.
For this reason, Staff proposes the Planning Commission recommend amending the
Zoning Code, eliminating the requirement for a Conditional Use Permit (CUP) for all
future Seasonal Outdoor Sales activities. All future Seasonal Outdoor Sales activities
would be a permitted use in the district which they are currently allowed, and would
require a peddler’s license through the City. When applying for the peddler’s license,
the applicant would still be subject to review from the Planning, Building and Fire
Departments for compliance to the City Code.
City of Columbia Heights Planning Commission March 6, 2007
Text Amendment, Auto Lots Case # 2007-0302
COMPREHENSIVE PLAN
The proposed zoning amendment would not affect the Comprehensive Plan, as no new
zoning districts would be created.
FINDINGS OF FACT
The City Council shall make the following 4 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 no new
zoning districts will be created with the proposed zoning amendment.
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 for a better use of time for the
Planning Commission and City Council. All future Seasonal Sale operators
would be affected. Therefore the proposed zoning amendment would not be
solely for the benefit of a single property owner.
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 zoning amendment does not change the zoning classification of a
particular property.
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 zoning amendment does not change the zoning classification of a
particular property.
RECOMMENDATION:
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 allow for seasonal outdoor sales to be a permitted use in
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City of Columbia Heights Planning Commission March 6, 2007
Text Amendment, Auto Lots Case # 2007-0302
the districts in which they are currently allowed. The requirement for a Conditional Use
Permit for such activity would be abolished.
Motion:
The Planning Commission recommends that the City Council approve the text
amendments as outlined in the attached draft ordinance.
Attachments
Draft Ordinance
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