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HomeMy WebLinkAboutPlanning Report Case: 2000-0101 Page: 1 SRPZC TAFF EPORT TO THE LANNING AND ONING OMMISSION J4,2000PH FOR THE ANUARY UBLIC EARING Case #: 2000-0101 GI ENERAL NFORMATION Owner: Applicant: Not Applicable City of Columbia Heights th Address: Not Applicable 590 40 Avenue NE Columbia Heights, MN Phone: Not Applicable (612) 782-2856 Parcel Address: Not Applicable Zoning: CBD, Central Business District Comprehensive Plan: C - Commercial Surrounding Zoning Zoning Land Use and Land Uses: North: Not Applicable North: Not Applicable South: Not Applicable South: Not Applicable East: Not Applicable East: Not Applicable West: Not Applicable West: Not Applicable B ACKGROUND Explanation of Request: At their regular meeting on December 7, 1999, the Columbia Heights Planning and Zoning Commission moved to direct staff to initiate the necessary process for a zoning text amendment to allow five for sale vehicles to be displayed at any time in the Central Business District as opposed to two which is currently allowed. Case History: th Richard Lange, President of First Community Credit Union at 843 40 Avenue NE, has approached staff about the possibility of amending Section 9.112(2)(o) of the Columbia Heights Zoning Ordinance which regulates car sales and fleet sales in the CBD, Central Business District. Currently car sales and fleet sales are permitted as a Conditional Use Permit in the CBD. Please note that a zoning text amendment needs to be initiated by either the City Council or the Planning and Zoning Commission. Case: 2000-0101 Page: 2 First Community Credit Union currently has a Conditional Use Permit to sell vehicles from their site. Mr. Lange is requesting that the number of cars permitted for sale increase from two to five. The Credit Union currently has an Auto Brokers License, but they want to receive a used car dealers license from the State. In order to receive a used car dealers license the applicant needs to have authority to display a minimum of five cars on a lot. The used car dealers license will enable the Credit Union to buy cars for their members at auto dealers auctions. The following provides a th brief case history for the Credit Union property at 843 40 Avenue NE. Case 9510-45 was a request by the Credit Union for a Conditional Use Permit to allow the $ operation of a two-day car sales promotion in their parking lot. This request was approved provided that no more than two, two-day car sales for members only took place per year. Case 9601-01 was a request for a Conditional Use Permit to allow the operation of a $ permanent car sales lot with up to five vehicles on display in their parking lot. This request was denied because a permanent car sales lot was not allowed in the Central Business District. Case 9603-12A was a request for an amendment to the Conditional Use Permit section of $ the Central Business District portion of the Zoning Ordinance that was initiated by the City Council to facilitate operation of a car sales/fleet sales for the Credit Union. The proposed amendment (Section 9.112(2)(o)) was approved. Case 9603-12B was a request by the Credit Union for a Conditional Use Permit to allow $ the ongoing sale of two vehicles on their parking lot which was approved. A NALYSIS Technical Review: Section 9.112(2)(o) of the Columbia Heights Zoning Ordinance currently reads as follows. 9.112(2)(o) Car Sales/Fleet Sales/Advertisement provided that: (1)The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. (2)The for sale or fleet vehicles cannot eliminate required parking spaces. A@A@ (3)No more than two (2) cars will be permitted for such use at any time. (4)No for sale or fleet vehicle can remain on the lot for more than fourteen (14) days at A@A@ any one time. The proposed amendment reads as follows: 9.112(2)(o) Car Sales/Fleet Sales/Advertisement provided that: (1)The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. (2)The for sale or fleet vehicles cannot eliminate required parking spaces and must be A@A@ parked entirely on a privately owned parking lot(s) with a surface impermeable to oil and water, such as asphalt or concrete. (3)No more than two (2) five (5) cars will be permitted for such use at any time. (4)No for sale or fleet vehicle can remain on the lot for more than fourteen (14) days at A@A@ Case: 2000-0101 Page: 3 any one time. (5)Size, type and style of any signage for such vehicle must be within the vehicle at all times and approved by staff. As noted previously, no more than two vehicles are permitted for sale at one time and the for- A sale or fleet vehicles cannot eliminate required parking spaces. Also, Section 9.116(2)(m) of @A@ the Zoning Ordinance states that required off-street parking space in all districts shall not be used for the storage of vehicles that are for sale or for rent. First Community Credit Union currently has 17 parking spaces available on site and 15 are required, so utilizing two spaces to store for sale vehicles is consistent with zoning regulations. However, this property is located within the downtown parking district, and those non-residential parcels located in the district are not required to provide off-street parking facilities. As a result, if the number of parking spaces designated to display for-sale vehicles were increased from two to five, parking requirements will not be violated. Please note that the amended language for subpart (ii) states that vehicles must be parked entirely on a privately owned parking lot(s) with a surface impermeable to oil and water, such as asphalt or concrete. This will alleviate concerns about parking for-sale or fleet vehicles on-street or in one of the municipal parking ramps/lot, and it will also ensure that for-sale or fleet vehicles are parked on a hard surface. Staff has reviewed other sections of the Zoning Ordinance, and auto sales are allowed in other districts, as follows: RB, Retail Business District, as a Conditional Use Permit. 9.113(2)(k) Vehicles not to exceed 2 tons, for sale in conjunction with only automobile repair businesses which do not sell fuel, provided that the following requirements are met: 1)Parking area for car sales cannot eliminate required parking spaces for primary use. 2)No more than ten (10) vehicles can be displayed for sale at any one time. 3)Traffic flow on lot, lighting, parking lot striping must be approved through the Conditional Use Permit process before approval for such operation can be granted. 4)Size, type and style of any signage for such vehicle must be within the vehicle at all times and approved by staff. 5)All required state and local licenses must be obtained. GB, General Business District, as a Permitted Use. 9.114(1)(c) Auto and truck sales, auto repair. I-2, Industrial Business District, as a Conditional Accessory Use. 9.115A(2)(b) Auto sales, subject to the following conditions: (1)The use of the property for auto sales must be accessory only to auto repair or auto reduction yards. (2)The permitted and accessory uses must be on a site plan approved by the Planning and Zoning Commission or by the City Council. (3)An open auto sales lot must comply with the provisions of Section 9.116(14). (4)All autos presented for sale must be parked on an impermeable to oil and water Case: 2000-0101 Page: 4 surface in good repair, such as asphalt or concrete and on parking spaces no smaller than twenty feet (20') in length by ten feet (10') in width. (5)No more than fifteen (15) cars may be available for sale at any given time. (6)All cars offered for sale must be stored within a securely fenced area. (7)All customer and employee parking must be located on a parking lot with a surface impermeable to oil and water, such as asphalt or concrete, said surface must be maintained in a condition of good repair. As evidenced by the information listed above, the City is somewhat inconsistent in our regulation of auto sales. Staff will recommend that this issue be reviewed in more detail as we rewrite the Zoning Ordinance. One concern is the potential impact that increasing the number of vehicles that can be displayed for sale may have on the Central Business District. As a reminder, an application for a Conditional Use Permit to allow auto/fleet sales can be made by any property owner in the District. It is not limited to the Credit Union. Car sales lots are generally not desired in a Central Business District which is typically associated with higher density retail sales and service based businesses. The question arises whether increasing the number of cars allowed for sale from two to five will have an impact on Columbia Heights Central Business District. = Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for future commercial development and as an area of special planning interest. The commercial designation is designed to accommodate retail sales, offices, service businesses (no outdoor storage or significant truck traffic, compatible with a retail or office environment). The Plan also states that the City should continue to promote the th long-term evolution of the 40 Avenue corridor to commercial as opposed to residential. The proposal does not seem to impact the goals and objectives of the Comprehensive Plan. Summary: The positive aspects of this proposal are as follows: 1.The zoning text amendment would allow First Community Credit Union to enhance their service to their customers by enabling them to receive a used car dealers license from the State of Minnesota. The negative aspects of this proposal are as follows: 1.Increasing the number of vehicles that can be displayed for sale may have a negative impact on the image of the Central Business District C ONCLUSION Staff Recommendation: Based upon the discussion that occurred during the December 7, 1999, Planning and Zoning Commission meeting, it does not appear that increasing the number of vehicles allowed for sale Case: 2000-0101 Page: 5 from two to five will be detrimental to the Central Business District. However, staff has noted that there are some inconsistencies in our regulation of auto sales throughout the City, so staff is recommending that this issue be evaluated in more detail as the City rewrites the Zoning Ordinance. Recommended Motions: Move to recommend City Council approval of Ordinance 1404, an Ordinance amending Section 9.112(2)(o) of the Columbia Heights Zoning Ordinance. Move to direct staff to evaluate the regulations pertaining to auto sales in all zoning districts during the Zoning Ordinance rewrite process. Attachments: Completed application form; Ordinance 1404; and, Public Notice published in December $ 23 edition of the Focus News