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HomeMy WebLinkAboutPlanning Report CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2011-0405 DATE: April 5, 2011 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment Pertaining to Animal Kennels and Shelters PREPARED BY: Jeff Sargent, City Planner BACKGROUND Recently, City Staff was approached regarding the possible placement of an animal shelter within the city. Upon review of the Zoning Code, it was discovered that while the Code requires specific development standards for animal shelters, it does not indicate in which zoning districts such uses may be located. At this time, staff is proposing a zoning amendment to clarify this issue. Staff feels that such uses should be located only in the GB, General Business District as a Conditional Use, to enable the City Council to review such uses on a case-by-case basis. All of the commercially zoned parcels in the city abut residentially zoned parcels, so it is imperative that specific development standards are in place in order to protect the residential character of the city. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community. The proposed text amendment would allow for a viable commercial use while preserving the characteristics of the surrounding areas. For this reason, the proposed text amendment is consistent with the Comprehensive Plan. ZONING ORDINANCE At Section 9.107 of the Zoning Code, animal kennels and shelters are regulated in the following manner: 1. All activity shall be within a completely enclosed building with soundproofing and City of Columbia Heights Planning Commission April 5, 2011 City of Columbia Heights, Animal Shelters Case # 2011-0405 odor control. 2. Outdoor kennels shall be prohibited. Staff recommends amending this language to allow for some activities to take place outside, but done in a manner that would protect neighboring residential areas. The new suggested language is as follows: 1. Any activity conducted outdoors, including but not limited to play areas, outdoor runs, etc. shall be approved by the City Council through a Conditional Use Permit on a case-by-case basis. 2. Outdoor kennels shall be prohibited. 3. All outdoor activity space shall be completely screened from abutting neighboring residential zoning districts or uses by a six-foot tall privacy fence that is at least 80% opaque. The proposed language would allow for dog and cat runs outdoors while still protecting the surrounding residential areas. Again, each situation would be reviewed on a case-by-case basis by the City Council through the Conditional Use Permit process. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community. The proposed text amendment would allow for a viable commercial use while preserving the characteristics of the surrounding areas. For this reason, the proposed text amendment is consistent with the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would be effective for all properties within the city. 3. 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. Not applicable. Page 2 City of Columbia Heights Planning Commission April 5, 2011 City of Columbia Heights, Animal Shelters Case # 2011-0405 4. 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 the current zoning classification. Not applicable. RECOMMENDATION Staff recommends approval of the proposed Zoning Amendment. Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments  Draft zoning ordinance Page 3