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HomeMy WebLinkAboutPlanning report CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-0902 DATE: September 5, 2007 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Interim Uses PREPARED BY: Jeff Sargent, City Planner BACKGROUND Staff recommends amending the zoning code to allow Interim Uses throughout the various zoning districts in Columbia Heights. “Interim Use” would be defined as: “A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.” Such uses shall include: fireworks sales, residential greenhouses, outdoor agricultural/produce sales and outdoor Christmas tree sales. Currently, the zoning code only addresses seasonal agricultural sales (including Christmas tree sales), which have historically been permitted through the Conditional Use Permit process, and allowed for a 90-day period. The zoning code does not regulate the use or location of fireworks sales tents or residential greenhouses. The establishment of the Interim Use ordinance will allow for better regulation and enforcement of seasonal activities that are currently not controlled. Currently, all fireworks sales tents and displays are required to obtain a permit and meet specific criteria set forth by the Fire Department. However, these sales are not regulated by the zoning code, meaning that there are no set standards for where these tents can be located, how much signage these businesses may utilize and how long these events may last. The Interim Use ordinance will establish a consistent standard for permitting these seasonal types of uses. COMPREHENSIVE PLAN Discussion of regulations begins with identifying the community’s goals for economic City of Columbia Heights Planning Commission September 5, 2007 Text Amendment, Interim Uses Case # 2007-0902 and commercial vitality found in the Comprehensive Plan. The Comprehensive Plan identifies the goals; the purpose of the zoning ordinance is to guide private activity toward the achievement of those goals. The City’s Comprehensive Plan indicates several goals for the economic and commercial vitality of the city. Some of these goals include: 1. Establishing and maintaining a strong sense of community. 2. Strengthening the image of the community as a desirable place to live and work. 3. Encouraging the continuation and enhancement of existing businesses within the community. 4. Improving the image of commercial areas as friendly and safe environments for residents and visitors. The implementation of these goals centers on the City’s ability to redevelop the commercial and retail sectors and establish a friendly working and living environment for the residents of and visitors to Columbia Heights. The Interim Use ordinance regulates seasonal outdoor sales events by establishing a consistent process for each type of activity. The Planning Commission’s discretion on these uses will help achieve the goals of the Comprehensive Plan by ensuring that the seasonal businesses conform to setback requirements, utilize the correct amount of signage, do not disrupt the permanent businesses in the area, and provide safe and friendly environments for residents and visitors. FINDINGS OF FACT The City Council shall make the following four 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 amendment would help ensure that the specific goals for economic development as stated in the Comprehensive Plan are met, by regulating seasonal commercial activity. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would establish standards for seasonal commercial activity throughout the city that would help ensure the general health, safety and welfare of the public. 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 Page 2 City of Columbia Heights Planning Commission September 5, 2007 Text Amendment, Interim Uses Case # 2007-0902 property within the general area of the property in question are compatible with the proposed zoning classification. The zoning classification of land will not change. 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 classification of land will not change. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. 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