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CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2005-1205
DATE: November 23, 2005
TO: Columbia Heights Planning Commission
APPLICANT: City of Columbia Heights
REQUEST: Zoning Amendment to the Zoning Code as it relates to the
GB, General Business District
PREPARED BY: Jeff Sargent, City Planner
BACKGROUND:
At the February 1, 2005 Planning Commission meeting, the Planning
Commission questioned if used car lots were an appropriate use along Central Avenue
and University Avenue. The Zoning Ordinance currently permits used automobile
businesses in the General Business District, and prohibits used automobile businesses
in the Central Business and Limited Business Districts. Prior to any zoning ordinance
amendments, the Planning Commission and staff believed it to be prudent to adopt an
emergency ordinance prohibiting the expansion or establishment of motor vehicles
sales and/or lease in the General Business District. On August 12, 2005, the City
Council adopted the emergency ordinance. This ordinance expires on February 14,
2006, and could be renewed for up to an additional 6 months through August 14, 2006.
ANALYSIS:
It is important to continue to allow the sale of used cars within the city, but
to allow them only as a component of a new car dealership. Staff recommends that it
would be in the best interest of the city to locate all new car lots away from Central
Avenue, which was also consistent with the intent of the moratorium imposed on used
car lots.
Staff recommends establishing a new zoning district, which replaces the GB, General
Business District along University Avenue, with a district that would allow for sale of new
and used cars (GB-A, General Business-Automotive). One major change would be the
requirement for a Conditional Use Permit (CUP) for any newly established new car
dealership in the GB-A District. The new district would also prohibit any used car lot to
be created as its own separate entity, or as part of any business other than a new car
dealership. However, new car dealerships would be allowed to sell used cars if the
used car component of the dealership consisted of no more than 30% of the total
outdoor display area pertaining to for-sale vehicles. The display area would be defined
as the number of parking stalls dedicated towards the sale of vehicles, excluding the
City of Columbia Heights Planning Commission November 23, 2005
Text Amendment, GB District Case # 2005-1205
parking stalls required for off-street parking for customers and employees.
Requiring a CUP for all new car dealerships would enable the city to ensure that the
dealership would meet all City Code requirements at the time of application, as well as
continual code compliance throughout the life of the business. In addition to the
creation of a new zoning district, new and used auto sales would be removed as a
permitted or conditional use from the current GB zoning district, prohibiting a new car
dealership to be established along Central Avenue.
CONSISTENCY WITH COMPREHENSIVE PLAN:
Two goals of the Comprehensive
Plan are to “enhance the image and viability of the University Avenue corridor” and to
“enhance the image and viability of the Central Avenue corridor”. In addition, the
Comprehensive Plan states, “The City will facilitate the enhancement and partial
redevelopment of the University and Central Avenue corridors in a manner that is
compatible with and supportive of transit and transit-related land use patterns”.
FINDINGS OF FACT:
The City Council shall make the following 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.
Two goals of the Comprehensive Plan are to “enhance the image and viability of
the University Avenue corridor” and to “enhance the image and viability of the
Central Avenue corridor”. In addition, the Comprehensive Plan states, “The City
will facilitate the enhancement and partial redevelopment of the University and
Central Avenue corridors in a manner that is compatible with and supportive of
transit and transit-related land use patterns”. The proposed text amendments will
be consistent with the intent of the Comprehensive Plan.
b) The amendment is in the public interest and is not solely for the benefit of a
single property owner.
The City has received complaints regarding properties used solely as used car
dealerships. The proposed text amendments would benefit the public by limiting
the areas in which new car lots could be located, and imposing conditions upon
new car lots that are established.
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 newly created zoning district, GB-A, General Business-Automotive, is
specific to new car dealerships through a Conditional Use Permit. The existing
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City of Columbia Heights Planning Commission November 23, 2005
Text Amendment, GB District Case # 2005-1205
use of the GB District along University Avenue and the proposed zoning
classification would therefore be compatible.
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 City has discovered several used car lots being established in areas that
would not normally be suited for such a use, but zoned appropriately for them.
The intent of the text amendments is to help alleviate these situations and
establish a zoning district in which new car dealerships can be located.
RECOMMENDATION:
Staff recommends rezoning those parcels along University
Avenue from GB, General Business, to GB-A, General Business-Automotive. New and
used car lots will be Conditional Uses in the GB-A District and will no longer be
permitted uses in the GB District.
Motion:
The Planning Commission recommends that the City Council approve the text
amendments as outlined in the attached draft ordinance and approve the rezoning of
those properties affected, as indicated on the attached zoning map.
Attachments
Draft Ordinance
Proposed Zoning Map
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