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HomeMy WebLinkAboutPlanning Report 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 Page 2 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  Page 3