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