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HomeMy WebLinkAbout2023-009RESOLUTION NO.2023-09 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA APPROVING A CONDITIONAL USE PERMIT FOR AN ANIMAL KENNEL (DOG DAYCARE AND BOARDING FACILITY) WITHIN THE 1-1, LIGHT INDUSTRIAL DISTRICT TO BE LOCATED AT 38013d STREET NE WHEREAS, a proposal (Case #2023-0201) has been submitted by City Staff to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 38013,d Street NE LEGAL DESCRIPTION: On file at City Hall THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.107(C)(2) to allow an animal kennel in an 1-1, Light Industrial District WHEREAS, the subject site is zoned 1-1, Light Industrial which makes an allowance for animal kennel uses (as a principal use) via conditional use permit; and WHEREAS, the Zoning Ordinance definition of "animal kennel' states that such use includes "doggie daycare" activities such as that proposed by the applicant; and WHEREAS, the Planning Commission held a public hearing, as required by the City Zoning Code, on February 7, 2023; and recommended approval of the conditional use permit subject to various conditions; and WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that, after reviewing the proposal, the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The City approve the Zoning Ordinance Amendment which makes an allowance for animal kennels and/or shelters as a conditional use in the City's 1-1, Light Industrial District. 2. Outdoor kennels upon the subject site shall be prohibited. 3. A minimum of 10 off-street parking stalls be provided upon the subject site (to accommodate the proposed use). 4. The outdoor activity space (dog run area) shall satisfy the following conditions: A. The six -foot -high fencing used to screen the outdoor activity space from abutting neighboring residential zoning districts shall be at least 80 percent opaque. B. The space shall be cleaned regularly so as not to create a nuisance as defined by the City Code. C. Animal waste produced within the space shall not be allowed to directly enter the City's storm sewer system. 5. The property owner or custodian of the property shall have the obligation and responsibility to prevent animals from committing any act which constitutes a public nuisance as provided in Section 8.101(D) of the City Code. 6. The indoor activity space (kennel) shall satisfy the following conditions: A. All indoor activities shall include soundproofing and odor control. B. The kennel or shelter shall provide a minimum floor area of 48 square feet per dog boarded at any one time, exclusive of office or storage area. C. Air temperature within the kennel or shelter shall be maintained between 60 degrees and 80 degrees Fahrenheit. D. Within the kennel area, wall finish materials below 48 inches in height shall be impervious, washable materials such as sealed masonry, ceramic tile, glass board, or fiberglass reinforced plastic (FRP) panels. E. Floor finishes shall be sealed concrete, or another impervious surface approved by the City. F. Animal waste shall be immediately cleaned up with solid wastes being enclosed in a container of sufficient construction to eliminate odors and organisms. All animal waste shall be disposed of on a daily basis. 7. Customer business hours shall be established as follows: • Friday 6:30 a.m. — 8:00 p.m. • Saturday 9:00 a.m. -5:00 p.m. Sunday 9:00 a.m. - 5:00 p.m. • Monday 6:30 a.m. — 8:00 p.m. • Tuesday 6:30 a.m. —8:00 p.m. • Wednesday 6:30 a.m. — 8:00 p.m. • Thursday 6:30 a.m. — 8:00 p.m. 8. The kennel shall be licensed in accordance with Section 5.607 of the City Code. 9. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 10. If trash handling equipment is to be stored outdoors, it's location shall be illustrated on the site plan. Exterior trash and/or recycling collection areas on the site shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 11. The kennel or shelter shall provide sufficient, uniformly distributed lighting to the kennel area. 12. All new site signage shall be subject to sign permit. 13. The site plan and floor plan included in this submittal, shall become part of this approval. 14. All other applicable local, state, and federal requirements shall be satisfied. Passed this 27th day of February 2023 Offered by: Jacobs Seconded by: James Roll Call: All Ayes Am'da Marquez Simul , Mpyor Attest: L ra Ion, City Clerk