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