HomeMy WebLinkAbout02-07-2023 Planning Commission Packet
PLANNING COMMISSION
City Hall—Council Chambers, 590 40th Ave NE
Tuesday, February 07, 2023
6:00 PM
AGENDA
ATTENDANCE INFORMATION FOR THE PUBLIC
Members of the public who wish to attend may do so in-person, by calling 1-312-626-6799 and
entering meeting ID 810 9064 1596 or by Zoom at https://us02web.zoom.us/j/81090641596. For
questions please call the Community Development Department at 763-706-3670.
CALL TO ORDER/ROLL CALL
1. Election of Planning Commission Officers
MOTION: Move to elect ______________ as Chair of the Planning Commission.
MOTION: Move to elect ______________ as Vice Chair of the Planning Commission.
MOTION: Move to elect ______________ as Secretary/Treasurer of the Planning
Commission.
APPROVE MINUTES
2. Approve November 1, 2022 Planning Commission Meeting Minutes
MOTION: Move to approve the Planning Commission Meeting Minutes of November 1,
2022.
PUBLIC HEARINGS
3. Zoning Ordinance Amendment and Conditional Use Permit
MOTION: Move to waive the reading of draft Ordinance amendment No. 1682, there being
ample copies available to the public.
MOTION: Move to recommend that the City Council approve draft Zoning Ordinance
Amendment No. 1682 as presented.
MOTION: Move to waive the reading of draft Resolution No. 2023 -09, there being ample
copies available to the public.
MOTION: Move to recommend that the City Council adopt draft Resolution No. 2023-09,
being a resolution approving a Conditional Use Permit for Ruff Love, LLC for the proposed
animal kennel (dog daycare and boarding facility), subject to the conditions listed in the
draft resolution.
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City of Columbia Heights AGENDA February 07, 2023
Planning Commission Page 2
OTHER BUSINESS
4. Review Purchase of 841 49th Avenue NE
MOTION: Move to waive the reading of Resolution 2023-PZ01, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2023-PZ01, a resolution finding that the acquisition of
certain land for redevelopment purposes by the Columbia Heights Economic Development
Authority is consistent with the City of Columbia Heights’ Comprehensive Plan.
5. Review Purchase of 4243 5th Street NE
MOTION: Move to waive the reading of Resolution 2023-PZ02, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2023-PZ02, a resolution finding that the acquisition of
certain land for redevelopment purposes by the Columbia Heights Economic Development
Authority is consistent with the City of Columbia Heights’ Comprehensive Plan.
ADJOURNMENT
Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is
made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements.
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PLANNING COMMISSION MEETING
AGENDA SECTION CALL TO ORDER/ROLL CALL
MEETING DATE FEBRUARY 7, 2023
ITEM: Election of Planning Commission Officers
DEPARTMENT: Community Development BY/DATE: Aaron Chirpich, CD Director 1/31/23
BACKGROUND:
Officer Elections are held on an annual basis. The current officers are as follows:
Chairperson: Eric Sahnow
Vice Chairperson: Tom Kaiser
Secretary/Treasurer: Mark Vargas
In order for a member to be considered for an officer position, they must be nominated by another Planning
Commission member or nominate themselves. The election process will go as follows:
1. A Chairperson will be elected.
a. Commission members provide all nominations for Chairperson of the Planning Commission.
b. A vote is taken and counted individually for each nominated member.
c. The member with the most votes is declared the Chairperson of the Planning Commission by the
Staff Liaison.
2. A Vice Chairperson will be elected.
a. Commission members provide all nominations for Vice Chairperson of the Planning Commission.
b. A vote is taken and counted individually for each nominated member.
c. The member with the most votes is declared the Vice Chairperson of the Planning Com mission
by the Chairperson.
3. A Secretary/Treasurer will be elected.
a. Commission members provide all nominations for Secretary/Treasurer of the Planning
Commission.
b. A vote is taken and counted individually for each nominated member.
c. The member with the most votes is declared the Secretary/Treasurer of the Planning Commission
by the Chairperson.
RECOMMENDED MOTION(S):
MOTION: Move to elect ______________ as Chair of the Planning Commission.
MOTION: Move to elect ______________ as Vice Chair of the Planning Commission.
MOTION: Move to elect ______________ as Secretary/Treasurer of the Planning Commission.
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Item 1.
PLANNING COMMISSION
City Hall—Council Chambers, 590 40th Ave NE
Tuesday, November 01, 2022
6:00 PM
MINUTES
CALL TO ORDER/ROLL CALL
The meeting was called to order at 6:03 pm by Chair Sahnow.
Commissioners Present: Laurel Deneen, Stan Hoium, Tom Kaiser, Mike Novitsky, Eric Sahnow, Mark
Vargas, Clara Wolfe, Council Liaison John Murzyn, Jr.
Also Present: Aaron Chirpich, Community Development Director; Bob Kirmis, Planning
Consultant; Alicia Howe, Administrative Assistant; Stephen Bona, Bona Management Company
APPROVE MINUTES
1. Approval of September 7, 2022 Planning Commission Meeting Minutes
Motion by Wolfe, seconded by Novitsky, to approve the Planning Commission Meeting
Minutes of September 7, 2022. All ayes. MOTION PASSED.
PUBLIC HEARINGS
2. Conditional Use Permit to Allow Accessory Outdoor Storage at 660 39th Avenue NE
Chirpich introduced Kirmis, Planning Consultant, and stated he would be speaking on this
item.
Introduction: Kirmis reported that Bona Management Company, LLC has requested
approval of a conditional use permit to the allow accessory outdoor storage of vehicles in
conjunction with an automobile repair use (Din Auto, Inc.) located at 660 39th Avenue NE.
Vehicles to be stored outdoors will be those awaiting repairs or pick-up following repair
work and will be parked south of the repair shop building. A maximum of 79 vehicles are
proposed to be stored outdoors at one time.
The subject one-acre site is zoned I-2, General Industrial. Accessory outdoor storage
activities are listed as a conditional use in the district and are therefore subject to
conditional use permit processing. Automobile repair uses (the principal use of the
property) are listed as permitted uses in the I-2 District.
The subject 3,120 square foot building located on the site is presently occupied by an auto
repair shop operated by Din Auto. Din Auto will also have towing vehicles onsite that are
used to tow customer vehicles to the shop for repair. While not formally permitted by the
City, the outdoor storage of vehicles has historically taken place upon the subject property.
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The subject site is bordered on all sides by industrial uses, several of which include outdoor
storage.
Comprehensive Plan: The City’s 2040 Comprehensive Plan directs industrial use of the
subject site. This land use directive is implemented via the application of the I -2, General
Industrial zoning designation upon the subject property. The proposed principal and
accessory uses upon the site are consistent with the land use goals of the Comprehensive
Plan.
Zoning Ordinance: Within the applicable I-2, General Industrial District, outdoor storage is
allowed by conditional use permit. In this regard, Section 9.107(C)(35) of the Zoning
Ordinances imposes certain conditions upon outdoor storage uses. The following is a listing
of the required conditions followed by a Staff comment:
a) The outdoor storage area shall be accessory to a commercial or industrial use.
Staff Comment. Outdoor storage activities upon the site must be accessory to the
principal use (the automobile repair business). In this regard, the storage of vehicles
which are not awaiting repair and/or pick-up on the site are not considered an
accessory to the principal use and therefore are not allowed to be stored upon the
property. It is recommended that this requirement be made a condition of conditional
use permit approval.
b) Outdoor storage within the public right-of-way is prohibited.
Staff Comment. The proposed location for the outdoor storage is south of the building
and within property boundaries. As a condition of conditional use permit approval, it is
recommended that the outdoor storage of vehicles within the public right-of-way be
prohibited.
c) All outdoor storage areas shall meet the setback requirements for a principal structure
in the zoning district in which the use is located. The setback requirements for principal
buildings within the I-2 District are as follows: Front yard: 20 feet Side yard: 12 feet
Rear yard: 24 feet
Staff Comment. Except for the west side yard where a 2-foot structure setback exists, all
applicable principal building setback requirements have been satisfied. To be noted is
that the existing 2-foot side yard setback was legally established and is therefore
considered a legal nonconforming condition which holds grandfather rights. Also, to be
noted is that parking areas in the I-2 District are subject to a minimum side yard setback
requirement of 5 feet. Presently, the proposed outdoor storage area on the site extends
to perimeter property lines with no setbacks. Again, such setback condition is
considered a legally nonconforming condition.
d) Outdoor storage areas shall be located in rear yards or in the side yard behind the front
building line of the principal structure.
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Staff Comment. The submitted site plan and accompanying conditional use permit
application indicate that the outdoor storage area will be located south of the building
and contained in the rear yard.
e) The storage area shall be fenced and screened from adjacent uses and the public right-
of-way. Required screening shall consist of a fence, wall, earth berming and/or
vegetation no less than six (6) feet in height and no less than 80% opaque on a year -
round basis.
Staff Comment. The proposed outdoor storage area is currently secured and screened
via a chain link fence with a mesh fabric cover (see photograph below). The fence
appears to measure six feet in height.
f) All goods, materials and equipment shall be stored on an impervious surface.
Staff Comment. The site plan and accompanying the conditional use permit application
indicate that the proposed outdoor storage area is currently surfaced in asphalt. Thus,
this condition has been satisfied.
g) All goods, materials and equipment shall be stored in an orderly fashion, with access
aisles of sufficient width to accommodate emergency vehicles as needed.
Staff Comment. Appropriately, the submitted site plan illustrates individual outdoor
vehicle parking stalls and drives aisles. In total, 79 vehicle parking spaces are illustrated.
The proposed vehicle parking stalls (9’ x 20’) and drive aisles (24’ in width) are
appropriately dimensioned. As a condition of conditional use permit approval, all
individual vehicle parking stalls within the outdoor storage area should be delineated
with pavement striping such that they are easily identifiable. In addition, drive aisles
within the outdoor storage area, as depicted on the submitted site plan dated August
29, 2022, shall be maintained to ensure proper site circulation and emergency vehicle
access.
h) The height of materials stored, excluding operable vehicles and equipment, shall not
exceed the height of the screening provided.
Staff Comment. It is recommended that this condition be imposed as a condition of
conditional use permit approval.
Other issues.
1. Access: Primary access to the site is provided from the north along 39th Avenue NE. A
secondary, gated access is also provided on the south side of the site along 38th Place NE.
To ensure emergency vehicle access to the site, it is recommended that the Fire
Department be provided a means to access the site from the south (from 38th Place NE).
This issue should be subject to further comment and recommendation by the Fire
Department.
2. Parking: According to the Zoning Ordinance, automobile repair facilities must provide
one parking space per 300 square feet of gross floor area, plus two spaces per service bay.
The existing automobile repair shop measures 3,120 gross square feet in size. As a result, a
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total of 11 spaces are required, plus one space per service bay. Of the required spaces, one
shall be designated as a disability parking stall. The submitted site plan does not illustrate
customer and employee parking stalls. Based upon the aerial photograph below, it appears
that 10 off-street parking stalls exist on the north and east sides of the building. As a
condition of conditional use permit approval, the site plan should be modified to illustrate
required offstreet parking stalls.
3. Signage: The applicants have not indicated whether new signage is proposed upon t he
site. Signs are required to have a building permit and are subject to review for compliance
by City Staff. As a condition of conditional use permit approval, all new signage shall be
subject to sign permit and must be reviewed and approved by the City.
4. Trash: Handling and Loading It is unclear where trash handling and loading activities will
occur on the site. As a condition of conditional use permit approval, it is recommended
that the submitted site plan be modified to illustrate trash handling and loading locations.
5. Lighting: According to the submitted application materials, outdoor lighting presently
exists on the south side of the repair shop building. It is assumed such lighting illuminates
the outdoor storage area to the south for security purposes. Section 9.106(K) of the Zoning
Ordinance imposes the following conditions upon exterior lighting: (1) In general. No use
shall be operated or occupied so as to create light or glare in such an amount or to such a
degree of intensity as to constitute a hazardous condition or a public nuisance. Lighting
shall not create a sense of brightness that is substantially greater than the ambient lighting
conditions so as to cause annoyance, discomfort, decreased visibility or a hazard for
vehicular or pedestrian traffic. (2) Lighting fixtures. Lighting fixtures shall be of a downcast
with flat lens, cut-off type that conceals the light source from view and prevents light from
shining on adjacent property. At no time should a fixture be aimed and/or tilted abo ve a
horizontal plane in commercial or industrial districts, with the exception of architectural
up-lighting or landscape lighting. (3) Lighting intensity. Lighting shall not directly or
indirectly cause illumination or glare in excess of onehalf footcandle as measured at the
closest residential property line and three footcandles as measured at the closest street
curb line or non-residential property line. Lighting shall be maintained stationary and
constant in intensity and color, and shall not be of a flashing, moving or intermittent type.
As a condition of conditional use permit approval, all exterior lighting on the site must
comply with the preceding requirements as provided in Section 9.106(K) of the Zoning
Ordinance.
6. Neighborhood Notification: As required, neighborhood notification of the conditional
use permit application has been provided to property owners within 350 feet of the subject
property. At the time of this report, City Staff has not received any comments from
neighboring property owners regarding the development proposal.
7. Staff Review: The Public Works Department, Police Department, and Fire Department
have been provided copies of the application materials. No concerns with the development
plan were conveyed to Planning Staff regarding this application.
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Findings of Fact: In addition to the conditions cited earlier which are specific to “outdoor
storage” uses, the Zoning Ordinance also outlines certain requirements that all conditional
use permits must meet in order to be considered for approval. The following is a listing of
such requirements and related Staff findings:
(a)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.
Staff Comment: “Outdoor storage” as an accessory use is specifically listed as a conditional
use in the I-2, General Industrial District under Section 9.111(E)(3)(c). This requirement has
been satisfied.
(b) The use is in harmony with the general purpose and intent of the Comprehensive Plan.
Staff Comment: The City’s 2040 Comprehensive Plan guides the subject site for “industrial
use.” The proposed use is permitted within the applicable I-2, General Industrial zoning
district and will, with conditions, be in harmony with the general purpose and intent of the
2040 Comprehensive Plan.
(c) The use will not impose hazards or disturbing influences on neighboring properties.
Staff Comment: Provided certain conditions of conditional use permit approval are imposed
and satisfied, Staff does not believe the proposed use will have disturbing influences on
neighboring properties.
(d) The use will not substantially diminish the use of property in the immediate vicinity.
Staff Comment: The site is located in an area which is characterized by industrial uses. The
proposed use is not expected to negatively impact properties in the immediate vicinity.
(e) 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.
Staff Comment: The propose outdoor storage use will occupy an of the site which has
historically been used for the outdoor storage of vehicles. With the possible exception of
new site signage at some point, no significant exterior changes to the site and building
design are proposed. It is the opinion of Staff that the placement of vehicles in a more
organized manner on the site (in accordance with the submitted site plan) will serve to
improve the appearance of the site. In this regard, it is believed the character of the
neighborhood may improve.
(f) The use and property upon which the use is located are adequately served by essential
public facilities and services.
Staff Comment: The site is presently serviced by adequate utilities and services. No changes
to public services or facilities are proposed.
(g) 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.
Staff Comment: Traffic generated by the proposed use is not expected to result in
congestion along either 39th Avenue NE to the north or 38th Place NE to t he south.
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(h) The use will not cause a negative cumulative effect, when considered in conjunction
with the cumulative effect of other uses in the immediate vicinity.
Staff Comment: The proposed accessory outdoor storage use is not expected to have a
negative cumulative effect on the area.
(i) The use complies with all other applicable regulations for the district in which it is
located.
Staff Comment: Recognizing that the existing building setback to the west and zero lot line
parking setback within the outdoor storage area represent legal nonconforming conditions,
the proposed use will comply with all other applicable I-2, General Industrial District
regulations.
Summary/Recommendation: The applicant has requested approval of a conditional use
permit to allow accessory outdoor storage in association with an automobile repair
business upon property located at 660 39th Avenue NE.
In review of the conditional use permit application materials, Staff finds the request to be a
reasonable use of the property which, with conditions, will not negatively impact the
health, safety, or welfare of the City, its residents, and property owners.
As a result, Staff recommends that the Planning Commission recommend that the City
Council approve of the conditional use permit as presented subject to the conditions
outlined below:
1. Outdoor storage upon the subject site shall be limited to vehicles which are accessory to
the principal use of the property (automobile repair) and awaiting repair and/or pick-up.
Vehicles which are not awaiting repair and/or pick-up on the site are not considered an
accessory to the principal use and therefore are not allowed to be stored upon the
property.
2. There shall be no storage of junk vehicles used for parts on the premises.
3. There shall be no vehicles for sale on the property, and customers shall not buy vehicles
from the site.
4. All vehicles stored on the premises shall be currently licensed, registered and insured.
5. The outdoor storage of vehicles within the public r ights-of-way shall be prohibited.
6. All vehicles to be stored outdoors shall be located on an impervious surface.
7. In accordance with the submitted site plan dated August 29, 2022, a maximum of 79
vehicles shall be stored upon the site at one time.
8. Outdoor storage activities shall be limited to the rear yard of the site (south of the
automobile repair building).
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9. All individual vehicle parking stalls within the outdoor storage area shall meet the
required dimensions outlined in Section 9.106(L) of the Zoning Ordinance, and be
delineated with pavement striping, as depicted on the submitted site plan dated August 29,
2022.
10. Drive aisles within the outdoor storage area, as depicted on the submitted site plan
dated August 29, 2022, shall be maintained to ensure proper site circulation and
emergency vehicle access.
11. The Fire Department shall be provided a means to access the site from the south (from
38th Place NE) in the event of emergency. This issue shall be subject to further comment
and recommendation by the Fire Department.
12. The site plan shall be modified to illustrate required off-street parking stalls (11 spaces,
plus one space per service bay). Of the required spaces, one shall be designated on the site
plan and on the property as a disability parking stall.
13. All new signage shall be subject to sign permit and shall be reviewed and approved by
the City.
14. The submitted site plan shall be modified to illustrate trash handling and loading
locations.
15. All exterior lighting on the site shall comply with the preceding requirements as
provided in Section 9.106(K) of the Zoning Ordinance.
16. All required state and local codes, permits, licenses and inspections shall be met and be
in full compliance.
Kaiser asked what triggered the need for a Conditional Use Permit (CUP). Chirpich stated
that this area had been identified previously as an area where there were concerns about
outdoor storage on several properties in the industrial district; Staff notified property
owners in violation of City ordinance. He said that the previous tenant at this property and
the owner were notified that there was not a CUP for outdoor storage. Since then, the
tenant has moved out, and Stephen Bona, came in to notify the City of the new plans for
their new tenant’s business which triggered the evaluation of outdoor storage and the
need for a CUP again.
Chirpich said there are some additional properties that are still not compliant in the vicinity
and those properties are next on the list for compliance check-ins, but there are also some
properties in the area that do have CUP’s for outdoor storage but are violating the
conditions. He further stated that with a CUP with conditions, they can hold property
owners accountable.
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Item 2.
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Kaiser asked how long the CUP would be in effect. Chirpich stated that CUP’s run with the
property, they do not expire, unless it is revoked or discontinued for a period of one year.
He further stated that if an owner violates the conditions, the City notifies the owner and
they have a certain amount of time to correct the issue, and then it goes to revocation, if
necessary, which needs to be approved by Council.
Vargas asked about the test well on the survey and stated it is close to the newly classified
flood zone on Huset. Chirpich deferred to the applicant and said that Staff hasn’t received
any Minnesota Pollution Control Agency (MPCA) correspondence recently, but he is aware
of monitoring wells throughout the City. Bona said he did not have any other information
to provide on the well.
Vargas made comment on the grading and storm drainage for the property. Chirpich stated
that to regulate stormwater at the watershed level, you need to disturb a certain amount
of the site area; Staff also relies on Public Works for the evaluation of that and they have
reviewed the plans.
Vargas asked about the turnarounds for emergency vehicles and if it applies to outdoor
storage. Chirpich said that they have code compliant drive aisles, and the fire department
did evaluate the plans. Vargas made note of the two fire hydrants near the property.
Vargas asked about the opaqueness of the fence. Chirpich mentioned the condition within
the CUP, “the fence must be no less than six feet in height and no less than 80 percent
opaque”. Chirpich stated that the standard could be evaluated in the future, but it is of
Staff’s opinion that the current fence material is compliant, and the current standard is
working.
Hoium said that it states that the surface is already paved and questioned if that was fact
and if it was in reasonable condition. He also mentioned that there wasn’t discussion about
unlicensed or junk vehicles. Chirpich said that the pavement is acceptable, and Staff has
conveyed to the applicant that there has been a significant amount of time spent trying to
clean up this property and other properties in the area, and specifically discussed with the
owner what is acceptable for outdoor storage. He also referenced similar issues with the
Jeff, Bobby, and Steve’s (JBS) impound lot nearby, and explained how JBS, does not have a
principal use in comparison to the subject property. Chirpich stated that Staff has laid out
the conditions and this CUP allows for the City to hold them to compliance; he further
noted the specific conditions for unlicensed or junk vehicles.
Hoium asked about how the enforcement will work and if the lot is accessible. Chirpich
stated that these conditions have been tested and held up by the courts. He noted that
enforcement can be challenging but aerial photos are a resource, but the City isn’t going to
send enforcement in for compliance checks if it’s orderly and improved according to the
CUP conditions.
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Novitsky asked for clarification on what type of auto repair business it was. Bona stated it
would be a salvage operation, buying for repair and selling the vehicles. He said there is a
towing component with auto repair; they would do body, vehicle, and mechanical repair
and detailing.
Novitsky asked how big the body shop was. Chirpich stated it was approximately 3,000
square feet.
Novitsky further asked why 75 outdoor spots are needed for that small of a shop. Bona
stated that realistically they did not need that many spaces, but if they were going through
the CUP, they wanted to maximize the space.
Novitsky asked about turnover time of a vehicle. Bona provided some history of the
businesses that have been in that space and stated that there was a tenant in there for 10
years most recently that vacated in 2021. He said when the turnover of the space
happened, they saw it as an opportunity to clean it up and make sure that operations were
following the requirements of the City. He further stated that this business is going to
operate differently than the previous business and will not be an impound lot.
Wolfe asked about the lease and how they plan to enforce the tenant keeping to the
standards. Bona said they have language within the lease but they have communicated
clearly about the expectations and he stated he is there frequently as well.
Chirpich noted the Bona lives close to the property and can easily keep an eye on it.
Sahnow asked about condition 15 about lighting. Chirpich said they have the specifics for
lighting in the Staff report; Staff’s view is if there is a nuisance complaint, then they would
go in to investigate and enforce it if needed.
Sahnow made comment on the back of the lot and stated it would be very dark. Further
discussion ensued about current lighting and lighting on the businesses nearby.
Chirpich stated that the police department said that lighting is a general concern for
outdoor storage, however, they didn’t see that it was something that needed to be
addressed currently.
Sahnow opened the public hearing.
No one wished to speak.
Motion by Hoium, seconded by Wolfe, to waive the reading of draft Resolution 2022-98,
there being ample copies available to the public. All ayes. MOTION PASSED.
Motion by Kaiser, seconded by Hoium, that the Planning Commission recommends that the
City Council approve draft Resolution 2022-98, approving a Conditional Use Permit for
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accessory outdoor storage within the I-2, General Industrial District in the City of Columbia
Heights, Minnesota, subject to certain conditions stated in the resolution. All ayes.
MOTION PASSED.
OTHER BUSINESS
Chirpich stated that there was no other busin ess and Staff was not aware of any potential applications
for December 2022; therefore, a meeting would not be held.
ADJOURNMENT
Motion by Wolfe, seconded by Novitsky, to adjourn the meeting at 6:47 pm. All ayes. MOTION PASSED.
Respectfully submitted,
__________________________________________
Alicia Howe, Administrative Assistant
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Item 2.
PLANNING COMMISSION
AGENDA SECTION PUBLIC HEARINGS
MEETING DATE FEBRUARY 7, 2023
ITEM: Zoning Ordinance Amendment and Conditional Use Permit
DEPARTMENT: Community Development BY/DATE: Aaron Chirpich, CD Director – 1/31/23
CASE NUMBER: 2023-0201
APPLICANT: Ruff Love, LLC
DEVELOPMENT: Ruff Love Dog Daycare and Boarding Facility
LOCATION: 3801 3rd Street NE
REQUEST: Zoning Ordinance Amendment and Conditional Use Permit
PREPARED BY: Bob Kirmis, Consultant City Planner
INTRODUCTION:
Ruff Love, LLC, on behalf of LOC and KEA Holdings, LLC, has requested approval of a Zoning Ordinance
Amendment and Conditional Use Permit to accommodate the establishment of dog daycare and boarding
facility upon a 10,890 square foot site located at 3801 3 rd Street NE (north of 38th Avenue NE between 3rd
Street NE and University Avenue NE).
The applicant plans to convert an existing 6,300 square foot industrial building located on the site (previously
occupied by “Paddle North) into a dog daycare and boarding facility. The proposed use would occupy the
entire building.
The subject site is bordered on the north and south by industrial uses, on the east by University Avenue NE
and multiple family residential uses and on the west by single and two-family dwellings.
The site is presently zoned I-1, Light Industrial which currently does not make an allowance for animal kennels,
dog daycare or boarding uses. As a result, the approval of a Zoning Ordinance Amendment to allow “animal
kennels” in the I-1 District (as a conditional use) must precede action on the requested conditional use permit
approval.
At present, only the City’s GB, General Business District makes an allowance for “animal kenn els.” Such uses
are “conditional” and therefore are subject to conditional use permit processing.
To be noted is that the requested Zoning Ordinance change would apply to all properties located within I-1,
Industrial zoning district. The subsequent conditional use permit application, however, applies only to the
subject site.
If approved, the dog daycare and boarding facility will be relocated from its current location in northeast
Minneapolis. According to the applicant, the new, Columbia Heights location will accept up to 100 dogs a day
and will have a maximum six employees on-site at one time.
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Item 3.
Page 2
Except for a new dog run area on the east side of the building, no exterior modifications to the existing site
and building are proposed.
COMPREHENSIVE PLAN
The City’s 2040 Comprehensive Plan guides the subject site, as well as properties to the north, south and west
for “transitional development.” The Plan describes the “transitional development” designation as follows:
This area currently contains a mix of residential and industrial uses and will be encouraged over time to
accommodate both higher density housing and clean, business park type uses
The subject site also lies within “Opportunity Area #4” of the Comprehensive Plan which overlays the segment
of the University Avenue NE corridor located between 37th and 40th Avenues NE. In this regard, the Plan
identifies the area as having redevelopment potential for future multiple family residential and/or commercial
uses.
ZONING ORDINANCE AMENDMENT
The subject site is zoned I-1, Light Industrial. The purpose of the district is as follows:
To provide appropriate locations for industrial enterprises engaged in activities such as assembly,
storage, warehousing and light manufacturing and further processing of materials first handled by
general industry. These areas are located with easy access to arterial roadways and should be separated
from residential uses by natural or manmade barriers.
To accommodate the proposed use, the applicant has requested the processing of a Zoning Ordinance
amendment which would allow “animal kennels and/or shelters” as a conditional use in the I-1, Limited
Industrial District.
To be noted is that that “animal kennels and/or shelters” are presently only allowed in the Ci ty’s GB, Central
Business District as a conditional use (subject to various conditions).
It is the opinion of Staff that animal kennels and/or shelters can compatibly exist within I -1 Districts provided
various precautions are taken to address potential adverse impacts.
While the Zoning Ordinance presently includes several animal kennel-specific performance standards, Staff
recommends that such standards be expanded to address potential adverse impacts in a more comprehensive
manner. In this regard, Staff researched “animal kennel” standards presently imposed by several other
metropolitan area cities. The additional standards included in the draft Zoning Ordinance Amendment
primarily reflect standards imposed by the City of New Hope which incorporate Humane Society
recommendations. Kennel size recommendations of the Association of Shelter Veterinarians (ASV) have
also been incorporated (in the amendment language).
In this regard, the following Zoning Ordinance modifications are recommended by Staff:
1. The existing definition of “kennel” be expanded to provide clarity regarding the allowance of animal 15
Item 3.
Page 3
daycare uses to read as follows (new/additional conditions recommended by Staff are highlighted in red
and underlined):
KENNEL, ANIMAL (ANIMAL SHELTER). Any premises where three or more non-caged domestic animals
over six months of age are kept, except for an animal hospital, pet shop or veterinary clinic. “Animal
kennels” and “animal shelters” include animal daycare uses such as “doggie daycare” and incidental
grooming, walking and/or training services.
2. The City’s existing performance standards pertaining to animal kennels and/or shelters be expanded to
read as follows (new/additional conditions recommended by Staff are highlighted in red and underline d):
(2) Animal kennel or shelter.
(a) 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.
(b) Outdoor kennels shall be prohibited.
(c) Outdoor activity spaces shall meet the following requirements:
1. The 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 percent opaque.
2. The space shall be cleaned regularly so as not to create a nuisance as defined by the City
Code.
3. Animal waste produced within the space shall not be allowed to directly enter the
City’s storm sewer system.
(d) All indoor activities shall include soundproofing and odor control.
(e) The kennel or shelter shall provide a minimum floor area of 48 square feet per dog and 20
square feet per cat or any other animal boarded at any one time, exclusive of office or
storage area.
(f) Air temperature within the kennel or shelter shall be maintained between 60 degrees and 80
degrees Fahrenheit.
(g) 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.
(h) Floor finishes shall be sealed concrete, or another impervious surface approved by the City.
16
Item 3.
Page 4
(i) 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.
(j) The kennel or shelter shall provide sufficient, uniformly distributed lighting to the kennel
area.
CONDITIONAL USE PERMIT
1. Access
Access to the site is proposed from the south via 38th Avenue NE. No changes related to site access are
proposed.
As shown on the submitted site plan, a row of 90-degree off-street parking stalls are located in the southeast
corner of the site, along 38th Avenue NE. In this regard, access to such row of parking is provided via an 80-
foot-wide surmountable curb along 38th Avenue NE.
Also, to be noted is that a loading area located at the southwest corner of the building is likewise accessed
from the south via 38th Avenue NE.
2. Off-Street Parking
Supply Requirements. The submitted site plan illustrates a total of 10 off-street parking stalls. The Zoning
Ordinance does not include a specific off-street parking supply requirement for “animal kennels.” Rather,
the Ordinance states that supply requirements are to be determined by Staff.
In researching parking supply requirements for animal daycare/kennel uses, the most common city
standard applies an office supply standard to that area of a kennel devoted to office use and a warehouse
standard to that area of the building devoted to kennel uses.
Using this standard, a total of 5 off street parking stalls would be required of the proposed animal kennel
use as calculated below.
Use Ratio Required Parking Stalls
Office (800 square
feet)
1 space per 300 gross
square feet
2.7
Kennel (5,491 square
feet)
1 space per 3,000
gross square feet
1.8
Total 5 spaces
The applicant has indicated that a maximum of six employees will be on -site at one time. With this in
mind, an off-street parking supply requirement of five stalls is considered deficient. Staff does, however,
consider the 10 spaces provided on site to be adequate to accommodate expectant parking demand (six
spaces for employees and four spaces for customers). As a condition of conditiona l use permit approval, it
is recommended that a minimum of 10 off -street parking stalls be provided to accommodate the proposed
use.
17
Item 3.
Page 5
Appropriately, one off-street parking space on the site has been designated as a disability stall (in
accordance with the American Disability Act).
Dimensional Requirements. While the proposed off-street parking stalls meet the minimum dimensional
requirements of the Ordinance (9 feet in width and 18 feet in depth for stalls which abut curbs), the
provided 23-foot-wide drive aisle is slightly less than the 24-foot width required by the Ordinance. The
drive aisle width is however, considered a legal nonconforming condition which is afforded grandfather
rights.
Parking Area Setbacks. Within I-1 zoning districts, the following parking area setbacks are imposed:
Front Yard: 20 feet
Corner Side Yard: 5 feet
Rear Yard 5 feet
The existing parking area upon the subject site extends to side (south) and rear (east) lot lines with no
setback. In this regard, the existing parking area is considered a legally non-conforming condition as it fails
to meet the City’s current parking area setback requirements.
3. Outdoor Activities (Dog Run)
As shown on the submitted site plan, an approximate 1,300 square foot outdoor dog run area is proposed on
the east side of the building. The dog run area is considered well-placed in terms of minimizing impacts upon
residential uses in the area. The run area abuts industrial building s to the north and west and faces an
industrial use to the south (along 38th Avenue NE). The outdoor run area will be screened from view of homes
located along the east side of University Avenue NE via a six-foot-high wood panel fence. The proposed fence
meets applicable requirements of Section 9.106(E)(3) of the Zoning Ordinance pertaining to nonresidential
fences.
Also, to be noted is that a significant amount of vegetation exists along the easter boundary of the site, within
the Central Avenue NE right-of-way. While technically “off-site,” such vegetation provides additional
screening of the outdoor activity area (see photograph below).
18
Item 3.
Page 6
Consistent with the provisions of the previously discussed Zoning Ordinance amendment, the outdoor activity
space (dog run area) must satisfy the following conditions:
1. The 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 percent opaque.
2. The space shall be cleaned regularly so as not to create a nuisance as defined by the City Code.
3. Animal waste produced within the space shall not be allowed to directly enter the City’s storm
sewer system.
The preceding conditions stipulate that the outdoor activity space (dog run) must be cleaned regularly so as
not to create a nuisance. The condition does not however, specifically reference noise and odors generated
within the outdoor activity area. It should be noted that, in addition to the preceding conditions, the
proposed use is also subject to the City Code’s nuisance regulations which pertain specifically to the keeping of
animals. In this regard, Section 8.101(D) of the City Code imposes the following nuisance -related
requirements:
(D) The owner or custodian of any animal permanently or temporarily in the City shall have the obligation
and responsibility to prevent such animal from committing any act which constitutes a public nuisance,
which shall include, but not be limited to, the following acts:
(1) Habitually or frequently bark or cry to the annoyance of neighbors or the general public.
(2) Molest or annoy any person if such person is not on the property of the owner or custodian of such
animal.
(3) Molest, defile, or destroy any public or private property not belonging to the owner or custodian of
such animal.
(4) Defecate upon public property without immediately removing the excrement and disposing of it in a
sanitary manner.
(5) Chase vehicles or otherwise run at large within the City.
As a condition of conditional use permit approval, the property owner or custodian of the property shall have
the obligation and responsibility to prevent such animal from committing any act which constitutes a public
nuisance as provided in Section 8.101(D) of the City Code.
4. Indoor Activities (Kennels)
The Zoning Ordinance Amendment includes several standards which apply to indoor activities on the site. In
this regard, the following requirements are recommended as conditions of conditional use permit approval:
1. All indoor activities shall include soundproofing and odor control.
19
Item 3.
Page 7
2. The kennel or shelter shall provide a minimum floor area of 48 square feet per dog and 20 square
feet per cat or any other animal boarded at any one time, exclusive of office or storage area.
3. Air temperature within the kennel or shelter shall be maintained between 60 degrees and 80 degrees
Fahrenheit.
4. 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 rein forced plastic (FRP)
panels.
5. Floor finishes shall be sealed concrete, or another impervious surface approved by the City.
6. 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. The kennel or shelter shall provide sufficient, uniformly distributed lighting to the kennel area.
5. Business Hours
It is understood that dog daycare and boarding activities on the site will be conducted on a 24-hour basis. Is
has not however, been indicated what, if any, business hours for customer drop -off and pick-up activities are
proposed.
To ensure land use compatibility, it is recommended that customer business hours, as deemed appropriate by
the City, be established.
6. Trash
While a loading area exists on the south side of the building, it is not clear if trash handling equipment is to be
located within the building or outside. If trash handling equipment is to be stored outdoors, it’s location
should be illustrated on the site plan.
Also, consistent with Ordinance requirements, exterior trash and/or recycling collection areas on the site must
be enclosed on at least three sides by an opaque screening wall or fence no le ss 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.
7. Licensing
As a condition of conditional use permit approval, the kennel must be appropriately licensed in accordance
with Section 5.607 of the City Code.
8. Neighborhood Notification
As required, neighborhood notification of the conditional use permit application has been provided to property
owners within 350 feet of the subject property.
At the time of this report, City Staff has received comment from one neighboring property owner. Specifically,
owner of property located at 3754 3rd Street NE (southwest of the subject site) has expressed opposition to
the applicant’s request. A copy of the property owner’s letter is attached to this report. 20
Item 3.
Page 8
9. Staff Review
The Public Works Department, Police Department, and Fire Department have been provided copies of the
application materials.
In review of the application materials, the City Engineer has recommended that animal waste produced
within the space not be allowed to directly enter the City’s storm sewer system . Such recommendation has
been included in the amendment language as a condition of conditional use permit approval.
FINDINGS OF FACT
Section 9.104 (H) of the Zoning Ordinance outlines certain findings of fact that must be met in order for the
City to approve a conditional use permit. The findings are as follows:
(a) 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.
Upon approval of the Zoning Ordinance Amendment, the proposed use shall be considered a
permitted conditional use in the I-1, Light Industrial District.
(b) The use is in harmony with the general purpose and intent of the comprehensive plan.
With conditions imposed to endure compatibility, the use will be in harmony with the purpose of the
Comprehensive Plan.
(c) The use will not impose hazards or disturbing influences on neighboring properties.
With conditions imposed to ensure compatibility, the use will not impose hazards or disturbing
influences on neighboring properties.
(d) The use will not substantially diminish the use of property in the immediate vicinity.
The use will not substantially diminish the use of property in the immediate vicinity.
(e) 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.
The use will be compatible with the appearance of the existing or intended character of the
surrounding area.
(f) The use and property upon which the use is located are adequately served by essential public
facilities and services.
The use and property upon which the use is located is adequately served by essential public facilities
and services.
21
Item 3.
Page 9
(g) 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.
Traffic generated by the proposed use is within the capabilities of 38 th Avenue which serves the subject
property.
(h) The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
The use will not have a negative cumulative effect upon uses in the immediate vicinity.
(i) The use complies with all other applicable regulations for the district in which it is located.
The use must comply with applicable Zoning Ordinance regulations as well as any additional
requirements which may be imposed as conditions of conditional use permit approval.
RECOMMENDATION
Staff recommends that the Planning Commission recommend the following to the City Council:
A. Approval of the Zoning Ordinance Amendment which makes an allowance for animal kennels and/or
shelters as a conditional use in the City’s I-1, Light Industrial District.
B. Approval of the Conditional Use Permit for property located at 3801 3rd Street NE (PID# 35-30-24-33-
0078) subject to the following conditions:
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 I-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 Cod e.
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 22
Item 3.
Page 10
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, as deemed appropriate by the City, shall be established.
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.
RECOMMENDED MOTION(S):
MOTION: Move to waive the reading of draft Ordinance amendment No. 1682, there being ample copies
available to the public.
23
Item 3.
Page 11
MOTION: Move to recommend that the City Council approve draft Zoning Ordinance Amendment No. 1682
as presented.
MOTION: Move to waive the reading of draft Resolution No. 2023 -09, there being ample copies available to
the public.
MOTION: Move to recommend that the City Council adopt draft Resolution No. 2023-09, being a resolution
approving a Conditional Use Permit for Ruff Love, LLC for the proposed animal kennel (dog daycare and
boarding facility), subject to the conditions listed in the draft resolution.
ATTACHMENT(S):
Draft Ordinance No. 1682
Draft Resolution No. 2023-09
Application and Applicant Narrative
Site Location Map
Plan Set
Neighboring Property Owner Letter
24
Item 3.
Ordinance No.1682
DRAFT
ORDINANCE NO. 1682
AN ORDINANCE AMENDING CHAPTER 9.111 OF THE CITY CODE OF 2005
TO ESTABLISH ANIMAL KENNELS AND SHELTERS AS A CONDITIONAL USE
IN THE CITY’S I-1, LIGHT INDUSTRIAL ZONING DISTRICT
The City of Columbia Heights does ordain:
Section 1
The definition of the term “Kennel ,” as provided in Section 9.103 of the City Code of 2005, is hereby
amended to read as follows:
KENNEL, ANIMAL (ANIMAL SHELTER). Any premises where three or more non-caged domestic animals
over six months of age are kept, except for an animal hospital, pet shop or veterinary clinic. “Animal
kennels” and “animal shelters” include animal daycare uses such as “doggie daycare” and incidental
grooming, walking and/or training services.
Section 2
9.111 (D)(3) of the City Code of 2005 (I-1 District Conditional Uses) is hereby amended to read as follows,
to wit:
(3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the I-1,
Light Industrial District, subject to the regulations set forth for conditional uses in § 9.104,
Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific
Development Standards:
(a) Caretaker's residence.
(b) Outdoor sales and/or display.
(c) Outdoor storage.
(d) Parking ramp.
(e) Concrete, asphalt or rock crushing operation.
(f) Salvage operation/transfer station.
(g) Adult entertainment use.
(h) State licensed residential care facility, correctional.
(i) Fences greater than seven feet in height.
(j) Barbed wire fences.
(k) Animal kennel and/or shelter.
Section 3
9.107(C)(2) of the City Code of 2005 (Specific Development Standards – Animal kennel or shelter) is
hereby amended to read as follows, to wit:
25
Item 3.
City of Columbia Heights - Ordinance Page 2
(2) Animal kennel or shelter.
(a) 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.
(b) Outdoor kennels shall be prohibited.
(c) Outdoor activity spaces shall meet the following requirements:
1. The 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 percent opaque.
2. The space shall be cleaned regularly so as not to create a nuisance as defined by the City
Code.
3. Animal waste produced within the space shall not be allowed to directly enter the
City’s storm sewer system.
(d) All indoor activity shall include soundproofing and odor control.
(e) The kennel or shelter shall provide a minimum floor area of 48 square feet per dog and 20
square feet per cat or any other animal boarded at any one time, exclusive of office or
storage area.
(f) Air temperature within the kennel or shelter shall be maintained between 60 degrees and
80 degrees Fahrenheit.
(g) 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.
(h) Floor finish es shall be sealed concrete , or another impervious surface approved by the City.
(i) 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.
(j) The kennel or shelter shall provide sufficient, uniformly distributed lighting to the kennel
area.
Section 4
This Ordinance shall be in full force and effect from and after 30 days after its passage.
First Reading:
26
Item 3.
City of Columbia Heights - Ordinance Page 3
Offered by:
Seconded by:
Roll Call:
Second Reading:
Offered by:
Seconded by:
Roll Call:
Date of Passage:
Amáda Márquez Simula, Mayor
Attest:
Sara Ion, City Clerk/Council Secretary
27
Item 3.
DRAFT
RESOLUTION NO. 2023-09
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
AN ANIMAL KENNEL (DOG DAYCARE AND BOARDING FACILITY) WITHIN AN
I-1, LIGHT INDUSTRIAL DISTRICT
IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2023 - ________) 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: 3801 3rd 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 I-1, Light Industrial District
WHEREAS, the subject site is zoned I-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.
28
Item 3.
DRAFT
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 I-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.
29
Item 3.
DRAFT
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, as deemed appropriate by the City, shall be established.
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.
30
Item 3.
DRAFT
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 13th day of February 2023
Offered by:
Seconded by:
Roll Call:
__________________________________
Amáda Márquez Simula, Mayor
Attest:
______________________________________
Sara Ion, City Clerk
31
Item 3.
Ruff Love Dogs is purchasing the commercial property located at 3801 3rd Street NE in Columbia
Heights and is requesting a conditional use permit to allow a dog daycare and boarding facility.
Additionally, we are requesting that the building be zoned I-1 so that we can operate our dog
daycare in this existing property.
Ruff Love Dogs was founded in 2011 by Jessen Como. Ruff Love is a dog daycare and boarding
facility currently located on Marshall Street in Northeast Minneapolis. Ruff Love has occupied
this space for nearly 12 years and has continually proven itself to be a productive, involved
member of the Northeast community as well as a respectful neighbor to the many surrounding
business and homes. We also take seriously our responsibility to uphold a safe, clean care
facility for our dogs and will maintain our new facility accordingly.
The neighborhood in which Ruff Love currently operates is predominantly residential, with
single-family homes and multi-family houses, condominiums, and apartment buildings in close
proximity. Ruff Love takes great care to ensure that there is minimal noise disruption to the
neighbors during our business hours, and never has late-night or overnight noise due to our
business hours. The neighborhood has been very supportive of our presence in Northeast, and
many of our customers live nearby.
We also share Marshall Street with many other commercial businesses. We have had great
relationships with our neighbors over the years, and are strong believers in community
partnerships. The Sheridan Neighborhood Organization recognized Ruff Love for putting this
philosophy into practice by naming us the Neighborhood Business of the Year. We look forward
to forging similar partnerships, with both residents and businesses, when we move from
Northeast Minneapolis to Columbia Heights.
The building itself will allow us to continue to operate in a nearly identical fashion to our
current facility. Our responsibility is to ensure every dog who is in Ruff Love’s care so safe,
healthy, and comfortable. Part of our strategy for ensuring this continues to happen in our
facility is by dividing the dogs up into groups based on temperament. This way, dogs with
similar play styles and personalities can spend their days together. Additionally, we have a
strong evaluation process wherein we determine how a dog’s behavior will fit into the Ruff Love
community. Ultimately, these two practices ensure that dogs who bark excessively are not a
good fit for Ruff Love, so our ability to control noise is strong.
At our new Columbia Heights location, we will accept up to 100 dogs per day. We will have six
staff members on-site at a time, and 50% of our staff utilize public transportation.
We are excited to move our operations to Columbia Heights and continue the work we have
done for nearly 12 years. We have many clients in the Columbia Heights area and will be fully
invested in this community. The building itself is the perfect fit for our operations, and we can’t
wait to continue to care for all of the dogs who come to play with us everyday. Thank you for
welcoming Ruff Love Dogs to Columbia Heights!
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Item 3.
RUFF LOVE DOGS II
3801 3RD ST NE
COLUMBIA HEIGHTS, MN 55421
VICINITY MAP
N
UN
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V
E
R
S
I
T
Y
A
V
E
38TH AVE NE
3R
D
S
T
N
E
PROJECT DIRECTORY
OWNER
ARCHITECT
BLUMENTALS/ARCHITECTURE, INC.
1600 MARSHALL ST. NE, SUITE 1
MINNEAPOLIS, MN 55413
PRINCIPAL: JIM MOY
ARCHITECT: JIM MOY
JOB CAPTAIN:KAREEM SHERARD
PHONE: (612) 421-0652
EMAIL: JIMM@BLUMENTALS.COM
JESSEN COMO
PHONE: (612) 331-4248
EMAIL: jessen.como@gmail.com
BUILDING DATA: RUFF LOVE DOGS II
APPLICABLE CODES & OCCUPANCY
TYPES OF CONSTRUCTION
OCCUPANT LOAD PLUMBING FIXTURE COUNTS
(CHAPTER 6 - 2020 MBC) II-B
STRUCTURAL FRAME: 0 HR
EXTERIOR WALLS: O HR
INTERIOR WALL: 0 HR
NON BEARING WALLS & PARTITIONS: O HR
FLOOR: O HR
ROOF O HR
2020 MINNESOTA BUILDING CODE (MBC)
2020 MINNESOTA ACCESSIBILITY CODE
GROUP S-1
GROUP B
WAREHOUSE
OFFICE
6082 SF
500 SF/OCC
11 OCC
207 SF
150 SF/OCC
2 OCC
TOTAL OCCUPANTS 13
EXIT ACCESS TRAVEL DISTANCE
S OCCUPANCY
B OCCUPANCY
REQUIRED: 200' NOT SPRINKLER
REQUIRED: 200' NOT SPRINKLER
PROVIDED: 136' 4"
PROVIDED: 61' 10"
(TABLE 1017.2 MN IBC 2020)
OFFICE:
WAREHOUSE:
11 OCCUPANTS
2 OCCUPANTS
LAV - 1 PER 100
TOILETS - 1 PER 100
LAV - 1 PER 40 FOR THE
FIRST 80 AND 1 PER 80
FOR THE REMAINDER
EXCEEDING 80
TOILETS - 1 PER 25 FOR
THE FIRST 50 AND 1 PER
50 FOR THE REMAINDER
EXCEEDING 50
LAV: REQUIRED: .11
TOILETS: REQUIRED: .11
LAV: REQUIRED: .05
TOILETS: REQUIRED:.05
TOTAL LAVS REQUIRED: .16 PROVIDED: 1
TOTAL TOILETS: REQUIRED: .16 PROVIDED: 1
P R E L I M I N A R Y
D R A W I N G S
• N O T F O R C O N S T R U C T I O N
B/A Project Number:
1600 Marshall Street NE, Suite 1
Minneapolis, MN 55413
612/331-2222
info@blumentals.com
VERIFY ALL EXISTING CONSTRUCTION DIMENSIONS,
ELEVATIONS AND CONDITIONS BEFORE STARTING ANY
CONSTRUCTION. REVIEW ANY DISCREPANCIES WITH THE
ARCHITECT. ADJUST NEW CONSTRUCTION AS REQUIRED.
EXISTING CONDITIONS
ISSUES / REVISIONS
ArchitectureBlumentals
1/
6
/
2
0
2
3
3
:
0
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:
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622-44
A.1
RUFF LOVE DOGS II
3801 3RD ST NE
COLUMBIA HEIGHTS, MN 55421
COVER PAGE
GRAPHIC LEGEND
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Item 3.
3R
D
S
T
N
E
38TH AVE NE
GRASS
GRASS
74
'
-
1
0
1
/
2
"
102'
EXISTING PARKING AREA
P R E L I M I N A R Y
D R A W I N G S
• N O T F O R C O N S T R U C T I O N
B/A Project Number:
1600 Marshall Street NE, Suite 1
Minneapolis, MN 55413
612/331-2222
info@blumentals.com
VERIFY ALL EXISTING CONSTRUCTION DIMENSIONS,
ELEVATIONS AND CONDITIONS BEFORE STARTING ANY
CONSTRUCTION. REVIEW ANY DISCREPANCIES WITH THE
ARCHITECT. ADJUST NEW CONSTRUCTION AS REQUIRED.
EXISTING CONDITIONS
ISSUES / REVISIONS
ArchitectureBlumentals
1/
6
/
2
0
2
3
3
:
0
2
:
0
4
P
M
622-44
A.2
RUFF LOVE DOGS II
3801 3RD ST NE
COLUMBIA HEIGHTS, MN 55421
EXISTING SITE PLAN
N
1" = 20'-0"
EXISTING SITE PLAN
44
Item 3.
3R
D
S
T
N
E
38TH AVE NE
GRASS
GRASS
OUTSIDE DOG RUN
RUFF LOVE DOGS
TYP.
9'-0"
TY
P
.
18
'
-
0
"
P R E L I M I N A R Y
D R A W I N G S
• N O T F O R C O N S T R U C T I O N
B/A Project Number:
1600 Marshall Street NE, Suite 1
Minneapolis, MN 55413
612/331-2222
info@blumentals.com
VERIFY ALL EXISTING CONSTRUCTION DIMENSIONS,
ELEVATIONS AND CONDITIONS BEFORE STARTING ANY
CONSTRUCTION. REVIEW ANY DISCREPANCIES WITH THE
ARCHITECT. ADJUST NEW CONSTRUCTION AS REQUIRED.
EXISTING CONDITIONS
ISSUES / REVISIONS
ArchitectureBlumentals
1/
6
/
2
0
2
3
3
:
0
2
:
0
5
P
M
622-44
A.3
RUFF LOVE DOGS II
3801 3RD ST NE
COLUMBIA HEIGHTS, MN 55421
PROPOSED SITE PLAN
1" = 20'-0"
PROPOSED SITE PLAN
N
45
Item 3.
LOADING DOCK
EXISTING TOILET ROOM
P R E L I M I N A R Y
D R A W I N G S
• N O T F O R C O N S T R U C T I O N
B/A Project Number:
1600 Marshall Street NE, Suite 1
Minneapolis, MN 55413
612/331-2222
info@blumentals.com
VERIFY ALL EXISTING CONSTRUCTION DIMENSIONS,
ELEVATIONS AND CONDITIONS BEFORE STARTING ANY
CONSTRUCTION. REVIEW ANY DISCREPANCIES WITH THE
ARCHITECT. ADJUST NEW CONSTRUCTION AS REQUIRED.
EXISTING CONDITIONS
ISSUES / REVISIONS
ArchitectureBlumentals
1/
6
/
2
0
2
3
3
:
0
2
:
0
5
P
M
622-44
A.4
RUFF LOVE DOGS II
3801 3RD ST NE
COLUMBIA HEIGHTS, MN 55421
EXISTING FLOOR PLAN
1/16" = 1'-0"
EXISTING FLOOR PLAN
N
46
Item 3.
LOADING DOCK
WAREHOUSE
OFFICE
EXISTING TOILET ROOM
P R E L I M I N A R Y
D R A W I N G S
• N O T F O R C O N S T R U C T I O N
B/A Project Number:
1600 Marshall Street NE, Suite 1
Minneapolis, MN 55413
612/331-2222
info@blumentals.com
VERIFY ALL EXISTING CONSTRUCTION DIMENSIONS,
ELEVATIONS AND CONDITIONS BEFORE STARTING ANY
CONSTRUCTION. REVIEW ANY DISCREPANCIES WITH THE
ARCHITECT. ADJUST NEW CONSTRUCTION AS REQUIRED.
EXISTING CONDITIONS
ISSUES / REVISIONS
ArchitectureBlumentals
1/
6
/
2
0
2
3
3
:
0
2
:
0
5
P
M
622-44
A.5
RUFF LOVE DOGS II
3801 3RD ST NE
COLUMBIA HEIGHTS, MN 55421
PROPOSED FLOOR PLAN
1/16" = 1'-0"
PROPOSED FLOOR PLAN
N
47
Item 3.
48
Item 3.
PLANNING COMMISSION
AGENDA SECTION OTHER BUSINESS
MEETING DATE FEBRUARY 7, 2023
ITEM: Review Purchase of 841 49th Avenue NE
DEPARTMENT: Community Development BY/DATE: Aaron Chirpich, CD Director – 02-01-23
CASE NUMBER: N/A
APPLICANT: N/A
DEVELOPMENT: N/A
LOCATION: 841 49th Avenue NE
REQUEST: Review the acquisition of 841 49th Avenue NE, and determine if it conforms to the City’s
Comprehensive Plan
PREPARED BY: Aaron Chirpich, Community Development Director
INTRODUCTION:
Pursuant to State Statue, Section 462.356, Subdivision 2, the Planning and Zoning Commission (the “Planning
Commission”) in and for the City is required to review and ultimately determine that the proposed acquisition
of real property by the City’s Economic Development Authority (EDA), conforms to the Comprehensive Plan of
the City. Therefore, the EDA has requested that the Planning Commission review the acquisition of 841 49th
Avenue NE, Columbia Heights, MN 55421 (the “Subject Property”) to determine if its acquisition conforms to
the Comprehensive Plan of the City.
COMPREHENSIVE PLAN:
The EDA has a long-standing practice of acquiring blighted single-family homes to facilitate scattered site
redevelopment, and the proposed acquisition of the Subject Property responds to several goals and policies
adopted in the Comprehensive Plan. Specifically, in Chapter 3: Land Use. Below are the specific goals and
policies from the Comprehensive Plan that directly and indirectly correlate to the conformity of the proposed
acquisition.
LAND USE AND REDEVELOPMENT
Goal: Provide mechanisms for successful redevelopment of vacant lands and targeted areas within the
community.
1. Enhance the image and viability of the Central Avenue corridor while protecting and enhancing
adjacent residential areas.
Encourage redevelopment discussions for the northern corridor of Central Avenue at 49th
Avenue to the City limits.
49
Item 4.
Page 2
RECOMMENDATION
Motion: Move to adopt Resolution 2023-PZ01, a resolution finding that the proposed acquisition of certain
land for redevelopment purposes by the Columbia Heights Economic Development Authority is consistent
with the City of Columbia Heights’ Comprehensive Plan.
RECOMMENDED MOTION(S):
MOTION: Move to waive the reading of Resolution 2023-PZ01, there being ample copies available to the
public.
MOTION: Move to adopt Resolution 2023-PZ01, a resolution finding that the acquisition of certain land for
redevelopment purposes by the Columbia Heights Economic Development Authority is consistent with the
City of Columbia Heights’ Comprehensive Plan.
ATTACHMENT(S):
Resolution 2023-PZ01
Location Map
50
Item 4.
RESOLUTION NO. 2023-PZ01
A RESOLUTION FINDING THAT THE ACQUISITION OF CERTAIN LAND FOR REDEVELOPMENT PURPOSES BY THE
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY IS CONSISTENT WITH THE CITY OF COLUMBIA
HEIGHTS’ COMPREHENSIVE PLAN.
WHEREAS, the Columbia Heights Economic Development Authority (the “Authority”) proposes to purchase
certain property (the “Property”) located at 841 49th Avenue NE, (PID 26-30-24-14-0136) in the City of Columbia
Heights (the “City”) and described on the attached Exhibit A, for the purposes of eventual redevelopment; and
WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the City’s Planning Commission to review the
proposed acquisition or disposal of publicly-owned real property within the City prior to its acquisition or
disposal, to determine whether in the opinion of the Planning Commission, such acquisition or disposal is
consistent with the comprehensive municipal plan; and
NOW, THEREFORE BE IT RESOLVED, the Planning Commission has reviewed the proposed acquisition of the
Property, and has determined that the Authority’s purpose is to redevelop the Property, and that the proposed
acquisition is therefore consistent with the City’s comprehensive plan.
BE IT FURTHER RESOLVED that this resolution be communicated to the Board of Commissioners of the
Authority.
ORDER OF THE PLANNING COMMISSION
Passed this 7th day of February, 2023
Offered by:
Seconded by:
Roll Call:
Chairperson
Attest:
Secretary
EXHIBIT A
51
Item 4.
Description of Property
ROBBIES ADDITION CITY OF COLUMBIA HEIGHTS LOTS 9 & 10 BLK 6 ROBBIES ADD-SUBJ TO UTIL EASE OVER
E 10 FT- ANOKA COUNTY, MINNESOTA.
52
Item 4.
53
Item 4.
PLANNING COMMISSION
AGENDA SECTION OTHER BUSINESS
MEETING DATE FEBRUARY 7, 2023
ITEM: Review Purchase of 4243 5th Street NE
DEPARTMENT: Community Development BY/DATE: Aaron Chirpich, CD Director – 02-01-23
CASE NUMBER: N/A
APPLICANT: N/A
DEVELOPMENT: N/A
LOCATION: 4243 5th Street NE
REQUEST: Review the acquisition of 4243 5th Street NE, and determine if it conforms to the City’s
Comprehensive Plan
PREPARED BY: Aaron Chirpich, Community Development Director
INTRODUCTION:
Pursuant to State Statue, Section 462.356, Subdivision 2, the Planning and Zoning Commission (the “Planning
Commission”) in and for the City is required to review and ultimately determine that the proposed acquisition
of real property by the City’s Economic Development Authority (EDA), conforms to the Comprehensive Plan of
the City. Therefore, the EDA has requested that the Planning Commission review the acquisition of 4243 5th
Street NE, Columbia Heights, MN 55421 (the “Subject Property”) to determine if its acquisition conforms to
the Comprehensive Plan of the City.
COMPREHENSIVE PLAN:
The EDA has a long-standing practice of acquiring blighted single-family homes to facilitate scattered site
redevelopment, and the proposed acquisition of the Subject Property responds to several goals and policies
adopted in the Comprehensive Plan. Specifically, in Chapter 3: Land Use, and Chapter 4: Housing. Below are
the specific goals and policies from the Comprehensive Plan that directly and indirectly correlate to the
conformity of the proposed acquisition.
Community Image (chapter 3)
Goal: Strengthen the identity and image of the community as a desirable place to live, work, and play.
1. Enhance the physical appearance of the community through clean-up initiatives, redevelopment
opportunities, and housing renovation programs.
Housing Goals and Policies (chapter 4)
Goal: Preserve the single-family neighborhoods as one of the community’s strongest assets.
1. Enhance and maintain the quality and appearance of single-family neighborhoods and the housing
stock through code enforcement and clean-up efforts.
54
Item 5.
Page 2
2. Identify redevelopment areas that could support new single-family housing.
3. Evaluate new higher valued housing opportunities to provide move-up housing for existing and new
residents.
RECOMMENDATION
Move to adopt Resolution 2023-PZ02, a resolution finding that the proposed acquisition of certain land for
redevelopment purposes by the Columbia Heights Economic Development Authority is consistent with the City
of Columbia Heights’ Comprehensive Plan.
RECOMMENDED MOTION(S):
MOTION: Move to waive the reading of Resolution 2023-PZ02, there being ample copies available to the
public.
MOTION: Move to adopt Resolution 2023-PZ02, a resolution finding that the acquisition of certain land for
redevelopment purposes by the Columbia Heights Economic Development Authority is consistent with the
City of Columbia Heights’ Comprehensive Plan.
ATTACHMENT(S):
Resolution 2023-PZ02
Location Map
55
Item 5.
RESOLUTION NO. 2023-PZ02
A RESOLUTION FINDING THAT THE ACQUISITION OF CERTAIN LAND FOR REDEVELOPMENT PURPOSES BY THE
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY IS CONSISTENT WITH THE CITY OF COLUMBIA
HEIGHTS’ COMPREHENSIVE PLAN.
WHEREAS, the Columbia Heights Economic Development Authority (the “Authority”) proposes to purchase
certain property (the “Property”) located at 4243 5th Street NE, (PID 35-30-24-24-0049) in the City of Columbia
Heights (the “City”) and described on the attached Exhibit A, for the purposes of eventual redevelopment; and
WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the City’s Planning Commission to review the
proposed acquisition or disposal of publicly-owned real property within the City prior to its acquisition or
disposal, to determine whether in the opinion of the Planning Commission, such acquisition or disposal is
consistent with the comprehensive municipal plan; and
NOW, THEREFORE BE IT RESOLVED, the Planning Commission has reviewed the proposed acquisition of the
Property, and has determined that the Authority’s purpose is to redevelop the Property, and that the proposed
acquisition is therefore consistent with the City’s comprehensive plan.
BE IT FURTHER RESOLVED that this resolution be communicated to the Board of Commissioners of the
Authority.
ORDER OF THE PLANNING COMMISSION
Passed this 7th day of February, 2023
Offered by:
Seconded by:
Roll Call:
Chairperson
Attest:
Secretary
56
Item 5.
EXHIBIT A
Description of Property
LOT 26 BLOCK 28 COLUMBIA HEIGHTS ANNEX, ANOKA COUNTY, MINNESOTA.
57
Item 5.
58
Item 5.