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CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2005-1204
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
R-2, One and Two Family Residential District
PREPARED BY: Jeff Sargent, City Planner
BACKGROUND:
Due to recent events related to the construction of new duplexes in
neighborhoods primarily comprised of single-family homes, the City Council and
Planning Commission directed staff to review the zoning regulations governing
duplexes. Specifically, the City Council and Planning Commission have expressed
concerns over duplexes located in predominately single-family neighborhoods and the
scale or size of duplexes being constructed compared to the character of the
surrounding neighborhood.
Patrick Smith, a former Columbia Heights City Planner, did some research regarding
duplexes within the city limits and addressed his conclusions in a memo submitted to
the City Council on May 17, 2005. The memo stated that based on rental licenses,
there are approximately 354 duplexes located in the City of Columbia Heights. Staff
also compared Columbia Heights to 12 similarly developed cities, and concluded that
Columbia Heights has the highest percentage of dwelling units that are duplexes, at
6.7%. This is well over the average of 2.3% for the other 12 cities. It was also
discovered that Columbia Heights has the second smallest minimum lot size
requirement for duplexes at 8,400 square feet, compared to the average lot size for
duplexes in the other cities at 12,130 square feet.
With this information, it can be interpreted that the City of Columbia Heights has an
over-abundance of duplexes, on fairly small pieces of property. When duplexes are
constructed on smaller lots, it causes a crowding effect, especially when they are
located adjacent to single-family residences. In order to help appease this problem,
Staff has recommended that the ordinance be amended establishing a new zoning
district specifically for duplex uses.
City of Columbia Heights Planning Commission November 23, 2005
Text Amendment R-2 District Case # 2005-1204
ANALYSIS:
The formation of a new zoning district, along with the text amendment
requiring a larger minimum lot size for duplexes and twin homes will cause some non-
conformity. The existing duplexes will be affected in one of two ways. All current
duplexes will be zoned to the R-2B zoning District, which would require a minimum lot
size of 5,100 square feet for those duplexes and twin homes constructed prior to
January 1, 2005 and 12,000 square feet for those duplexes and twin homes constructed
after January 1, 2005. The only duplexes or twin homes that would become legally non-
conforming would be those duplexes and twin homes constructed prior to January 1,
2005 that had a lot size of less than 5,100 square feet.
All proposed duplexes and twinhomes would be allowed in either the R-2A or R-2B
Districts through a Conditional Use Permit. Any newly constructed duplex must be
located on a property of at least 12,000 square feet.
CONSISTENCY WITH COMPREHENSIVE PLAN:
There are two pertinent housing
goals stated in the City’s Comprehensive Plan regarding duplexes and single-family
neighborhoods. First, the City will “provide a variety of life-cycle housing opportunities
within the community”. Second, the City will “promote and preserve the single-family
housing stock as the community’s strongest asset”. An implementation strategy for the
second goal is that the City will identify non-conforming uses within residential districts
and take actions to bring them into compliance.
NON-CONFORMING USES:
Non-conforming uses may continue indefinitely unless the
nonconformity or occupancy is discontinued for a period of more than one year, or the
nonconforming use is destroyed by fire or other peril to the extent of greater than 50%
of its market value, and no building permit has been applied for within 180 days of when
the property is damaged. In addition, current regulations do not allow non-conforming
uses, including duplexes, to expand.
FINDINGS OF FACT:
The City Council shall make each of the following findings before
granting approval of a request to amend the City Code. They are as follows:
a) The amendment is consistent with the comprehensive plan.
There are two pertinent housing goals stated in the City’s Comprehensive Plan
regarding duplexes and single-family neighborhoods. First, the City will “provide
a variety of life-cycle housing opportunities within the community”. Second, the
City will “promote and preserve the single-family housing stock as the
community’s strongest asset”. These proposed amendments would be
consistent with the Comprehensive Plan.
b) The amendment is in the public interest and is not solely for the benefit of a
single property owner.
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City of Columbia Heights Planning Commission November 23, 2005
Text Amendment R-2 District Case # 2005-1204
The City of Columbia Heights is proposing these City Code amendments
because staff feels that they are beneficial to the community. City staff has
received numerous complaints and questions regarding duplexes and twin
homes, which the City hopes these Code amendments would help alleviate.
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 properties that will be rezoned will be rezoned to a zoning classification
specific to the properties in question. Therefore, the existing use of the
properties and the zoning classifications of property within the general area of the
property in question would 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 trend in this case has been to construct duplexes and twin homes in
predominantly single-family districts. The proposed amendments will help
protect the single-family housing stock by requiring new duplexes and twin
homes to obtain a Conditional Use Permit prior to construction.
RECOMMENDATION:
Staff recommends rezoning originally constructed duplexes to
R-2B and the rest of R-2 to R-2A. Duplexes should be permitted in both R-2B and R-2A
as Conditional Uses. Minimum lot size for R-2A should be 12,000 square feet.
Minimum lot sizes for R-2B should be 5,100 square feet for lots existing on January 1,
2005, or 12,000 square feet for lots established after January 1, 2005.
Motion:
The Planning Commission recommends that the City Council approve the text
amendments outline in the attached draft ordinance, and the rezoning of those
properties pertaining to the matter.
Attachments:
Draft Ordinance
Proposed Zoning Map
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