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HomeMy WebLinkAboutPlanning Report 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. Page 2 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  Page 3