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HomeMy WebLinkAbout03.03.2026 Planning Commission Agenda Packet PLANNING COMMISSION City Hall—Council Chambers, 3989 Central Ave NE Tuesday, March 03, 2026 6:00 PM AGENDA ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wish to attend may do so in-person, or by using Microsoft Teams Meeting at http://www.columbiaheightsmn.gov/joinameeting ID: 296 012 759 023 25, Passcode: Dr93aB7K. For questions, please contact Administration at 763-706-3610. 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. CALL TO ORDER/ROLL CALL APPROVE MINUTES 1. MOTION: Approve February 4, 2026 Planning Commission Meeting Minutes as presented. PUBLIC HEARINGS This is the public’s opportunity to speak regarding this matter. Speakers that are in-person are asked to complete a Speaker Form and submit it to City Staff. Speakers attending virtually should send a request to speak with this information to the moderator using the chat function and wait to be called on to speak. When speaking, virtual attendees should turn their camera on. Speakers should limit their comments to five (5) minutes. Any comments made after the public hearing is closed will not be considered by the Planning Commission and will not be included as part of the formal record f or this matter as the item will have been voted on and the item formally closed by the Commission. 2. Zoning Ordinance Amendments to Chapter 9 – Land Use: 9.103 Definitions 9.104 Administration and Enforcement 9.105 Nonconformities 9.106 General Development Standards 9.107 Specific Development Standards MOTION: Move to waive the reading of draft Ordinance amendment No. 1725, there being ample copies available to the public. MOTION: Move to recommend City Council approve draft Ordinance amendment No. 1725, a Zoning Ordinance Amendment, as presented. 3. Comprehensive Plan Amendment for 4300 Central Avenue from Commercial and Park to Transit Oriented Development MOTION: Motion to waive the reading of Resolution 2026-018, there being ample copies available to the public. 1 City of Columbia Heights AGENDA March 03, 2026 Planning Commission Page 2 MOTION: Motion to recommend the adoption of Resolution 2026 -018, a resolution for City Council approval of the proposed land use designation of the properties at 4300 Central Avenue to Transit Oriented Development. OTHER BUSINESS 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. 2 PLANNING COMMISSION City Hall—Council Chambers, 3989 Central Ave NE Wednesday, February 04, 2026 6:00 PM MINUTES The meeting was called to order at 6:00 pm by Chair (Wolfe) Christopherson. CALL TO ORDER/ROLL CALL Commissioners present: Jeffrey Johnson, Dirk Schmitz, Karl Rehfuss, Paul Moses, Clara (Wolfe) Christopherson, Ahmed Maameri, John Gianoulis, and Kyannah McKinney (Youth Commissioner) Also present: Ursula Brandt, City Planner; Sarah LaVoie, Administrative Assistant; Mitch Forney, Community Development Director; Connie Buesgens, Council Liaison. APPROVAL OF MINUTES 1. Approval of October 07, 2025, Planning Commission Meeting Minutes Motion by Rehfuss, seconded by Schmitz, to approve the minutes from the meeting of October 07, 2025. All ayes. MOTION PASSED. OTHER BUSINESS 2. Zoning Code Text Updates Discussion Introduction: Brandt stated that staff are tracking potential updates to City Zoning Code Chapter 9 (Land Use) based on observations, feedback, and recommendations from staff and community members, with the goal of adjusting the Zoning Code to better reflect community needs while promoting consistency in future development and being in compliance with State and Federal laws. Brandt noted that the items for discussion include: Places of Worship 3 Item 1. City of Columbia Heights MINUTES February 04, 2026 Planning Commission Page 2 Brandt stated the Religious Land Use and Institutionalized Persons Act (RLUIPA), passed in 2000, mandates that religious assemblies and institutions be treated at least as well as non -religious assemblies and institutions. The City’s zoning code restricts “religious facilities/places of worship” to residential zones with a conditional use permit, wh ile allowing “auditorium/places of assembly”, “banquet hall”, “club or lodge”, “theater-live performance”, and “theater – movie” in commercial zones. This creates a conflict with RLUIPA. Brandt stated that staff is recommending the code be updated to add “religious facilities/places of worship” as permitted with a conditional use permit in General Business (GB) and Central Business District (CBD), with the same specific development standards as required in the residential zones. This would make the use consistent with a “banquet hall” in the City zoning code. Johnson mentioned that on Sundays, the high school is open for a church. He wondered how that would fit into the zoning code. Brandt replied that schools are technically in residential zones. She mentioned that some churches are businesses, such as Heights Coffee Bar. She added that a dance studio reached out to the City wanting to do dance classes for most of the week, and have a church service on Sundays. She explained that staff’s recommendation wou ld allow businesses to operate normally, and then get a conditional use permit if they are hosting a religious service on another day. Forney asked the Commission if there were any conditions that should be discussed with applicants. He mentioned that an option could be to include parking in the conditions. (Wolfe) Christopherson added that traffic considerations could be included. Mose s asked if the code would include religious facilities being used as businesses or if it was simply allowing services in the commercial business district. Brandt replied that it was allowing services in the commercial business district with a conditional use permit. (Wolfe) Christopherson asked if signage would be included in the business district guidelines. Brandt agreed. Johnson asked if Heights Theater could host a service. Brandt replied that currently, Heights Theater could not, but if the Planning Commission approved the changes, then Heights Theater could do that. Johnson asked if Heights Theater could charge churches to rent out the space. Brandt replied that Heights Theater would be allowed to do that. 4 Item 1. City of Columbia Heights MINUTES February 04, 2026 Planning Commission Page 3 Non – Conformities Brandt noted that State Statute 462.357 Subdivision 1e states: “Except as otherwise provided by law, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continu ed, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion”. The City’s zoning code does not allow for “replacement” and is therefore in conflict with the State Statute. Brandt noted that staff is recommending amending 9.105 Nonconformities (C)Nonconforming Structures (4) Repair and maintenance to include replacement that does not increase the nonconformity in any way. Multiple-family dwelling, when above a first-floor commercial use Brandt stated the City’s zoning code permits “multiple-family dwelling, when above a first-floor commercial use” in the Central Business District (CBD), but restricts “Single family dwelling, when accessory to a commercial use” to the Limited Business (LB) district with a conditional use permit. Brandt explained that staff is recommending changing the allowed use to “single and multiple family dwelling, when above a first-floor commercial use” in the Central Business District (CBD) to allow single apartments above commercial uses. Brandt asked the Commission if they saw any potential issues with the proposed change. Schmitz asked what would be considered a residential area. He gave an example of a business being in front of the building, with the kitchen or living room area in the back, with bedrooms. Wolfe added that there could be a single-level commercial building, but there is room in the back for a dwelling unit. She wondered how that would be treated. Forney explained that staff generally follow the definition of a dwelling unit based on the building code. The definition requires a place for sanitation, a living facility, a bedroom, and a kitchen. If the kitchen were off the back and the dwelling units were above, it would not be allowed under the current code. Moses asked if the Code was for new construction or if it would be grandfathered in for existing dwelling units. Forney replied that it would be for new construction and existing. 5 Item 1. City of Columbia Heights MINUTES February 04, 2026 Planning Commission Page 4 Gianoulis explained a situation where there is a walkout and access to the basement level of a commercial business. He added that he has seen a building where there are two stories, but the access is on the basement level. He wondered if that situation should be considered. Forney asked the Commission if they would want to allow for a situation like Gianoulis described. He added that the at-grade-level floor commercial space would not be allowed. Schmitz suggested having language that said street level or address level instead of the second floor. Schmitz asked if there would be a difference in taxes if it were owner-occupied or if it were a rental unit. Forney replied that he did not think it mattered because the tax classification of the primary commercial property would be considered. Smoke Shops Brandt noted that on November 24, 2025, the City Council adopted Ordinance 1720 regarding Chapter 5.3 Tobacco Regulations. 9.103, 9.106, and 9.107 in the Zoning Code need to be updated to reflect the changes. Staff Recommends the following changes: 9.103 Definitions SMOKE TOBACCO PRODUCT SHOP. A retail establishment that has obtained an appropriate license, in which greater than 90% of the business’s gross revenue must be from the sale of tobacco, tobacco products, or smoking related accessories, and prohibits persons under 21 from being present or enter at all times. ACCESSORY TOBACCO RETAILER. A retail establishment that has obtained an appropriate license from the City and that derives no more than 45% of its gross revenues from the sale of licensed products. 9.106 General Development Standards. Add the Accessory Tobacco Retailer use to the table as permitted in all commercial districts. 9.107 Specific Development Standards (43) Smoke Tobacco Product shops. a) The smoke shop Must have an entrance door opening directly to the outdoors. b) Share no wall with, and has no part of its structure adjoined to any other business or 6 Item 1. City of Columbia Heights MINUTES February 04, 2026 Planning Commission Page 5 retailer, unless the wall is permanent, completely opaque and without doors, windows and pass-throughs to the other business or retailer c) Shall share no walls with, and has no part of its structure directly adjoined to, another tobacco retailer b) Greater than 90% of the business’s gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. c) A tobacco department or section of any individual business establishment with any type of liquor, food or restaurant license shall not be considered a smoke shop. d) The total number of city-issued smoke shop licenses shall at no time exceed five. d) Any existing smoke tobacco product shops at the time of the passage of Ord. 1570 1720 shall comply fully with the ordinance by December 31, 2010 January 1, 2026. Recommendation: Staff is recommending the following amendments to the Zoning Code: 1. 9.103 Definitions update Smoke Shop to Tobacco Product Shop and add the definition of Accessory Tobacco Retailer. 2. 9.105 Nonconformities to include replace in Repair and Maintenance of a Nonconforming structure but does not allow for an increase in nonconformity with the replacement. 3. 9.106 General Development Standards (S) Table of Uses a. Add Single Family Dwelling Unit when accessory to commercial as permitted in the Central Business District b. Change Smoke Shops to Tobacco Product Shops c. Add Accessory Tobacco Retailer as permitted in all Commercial Districts d. Add Religious facility/place of worship as a Conditional Use in General Business and Central Business District 4. 9.107 Specific Development Standards a. Amend (43) Smoke Shops to be in alignment with Ordinance 1720 as presented above. Johnson asked to clarify that THC products sold in liquor stores were not included in the Code being presented. Brandt agreed that the Code was specifically for tobacco. Wolfe mentioned that the City is phasing out the strict tobacco product shop. If there is an existing license, it can be passed down to someone else if the regulations are followed. Forney clarified that the license can be transferred once within two years. He added that the City cannot regulate cannabis, which is why it is not included in the Code. Wolfe noted that an existing tobacco product shop could continue on as lo ng as it is in compliance. Schmitz asked how a situation would be handled if an older adult had an underage child with them at a tobacco product shop. Forney replied that the same rules for liquor stores would apply to the situation. 3. Comprehensive Plan Update Review Committee 7 Item 1. City of Columbia Heights MINUTES February 04, 2026 Planning Commission Page 6 Brandt explained that staff are putting together a review committee for the Comprehensive Plan process. The committee will include Planning Commission Commissioners and residents. The committee will have contact with the consultant and the public engagement process, and will provide input throughout the process. The Council would like to see a representative from the Commission on the review committee. She asked for volunteers who would like to serve on the review committee. Forney noted that Gianoulis is the only Commissioner whose term would end during the Comprehensive Plan process, but believed Gianoulis was going to apply to be on the Commission again. Brandt noted that Gianoulis was on the review committee during the last Comprehensive Plan and asked what his experience was. Gianoulis replied that it was informative, and the consultant did a good job. Schmitz volunteered to be on the review committee. Wolfe volunteered for the review committee and noted that she had one more year on the Commission, and suggested representing the committee as a resident for the second year of the Comprehensive Plan devel opment. Forney asked Councilmember Buesgens if the Council would be comfortable with having two Planning Commissioners on the review committee. Councilmember Buesgens confirmed that it would be suitable to have both commissioners on the review committee. Forney provided the Commission with general business updates. Forney stated that the developer who was working on the Medtronic site backed out of the project. The developer could not find a developer to take on the market -rate portion of the project. Medtronic relisted the property, and there have been a couple of developers who have been in contact with the City with similar ideas to the original proposed project. Forney noted that there has been movement on the 4300 Central Avenue site. The City bon ded for Alatus to purchase the property. The City remortgaged the property at the end of the year and reissued permanent bonds. The City has a set three-year window where the project has to move forward; otherwise, it has to go to someone else. The City has begun the Comprehensive Plan amendment process for the site, and the site will be rezoned as Transit -Oriented Development. The first neighborhood meeting for the project will take place on February 18 th. The developer cannot apply for a PUD or any of the approvals until the City has completed the Comprehensive Plan amendment. The original plan included putting in residential and commercial buildings above a 8 Item 1. City of Columbia Heights MINUTES February 04, 2026 Planning Commission Page 7 giant platform of underground parking, which means every phase of the plan needs to be built at the same time, which can be expensive. The project has shifted into a phased approach. The first phase will include high-density residential. Each phase will include its own parking built in. Rehfuss mentioned that the Commission voted to change some watershed zoning for the Medtronic site because of the zoning. He wondered if that was still in place since the developer backed out. Forney replied that it is not in place, and it is back to square one. He explained that the City is working with MWMO and MnDOT to figure out how to treat the water before it enters the lake. Forney stated that the Park Master Plan has started. The plan will help identify what parks are needed and what amenities the public wants to see in parks. The Planning Commission will not have much of a role in the Parks Master Plan. Forney encouraged the Commissioners to be engaged with the Parks Master Plan process as residents. ADJOURNMENT Motion by Rehfuss, seconded by Schmitz, to adjourn the meeting at 6:40 pm. All ayes. MOTION PASSED Respectfully submitted, __________________________________________ Sarah LaVoie, Administrative Assistant 9 Item 1. ITEM: Zoning Ordinance Amendments to Chapter 9 – Land Use: 9.103 Definitions 9.104 Administration and Enforcement 9.105 Nonconformities 9.106 General Development Standards 9.107 Specific Development Standards Presenting Item: Ursula Brandt, City Planner DEPARTMENT: Community Development BY/DATE: Ursula Brandt, City Planner/ February 18, 2026 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) X Community that Grows with Purpose and Equity _High Quality Public Spaces _Safe, Accessible and Built for Everyone X Engaged, Effective and Forward-Thinking _Resilient and Prosperous Economy _Inclusive and Connected Community CASE NUMBER: 2026-PZ01 APPLICANT: The City of Columbia Heights LOCATION: Citywide BACKGROUND During the February 4 Planning Commission Meeting Staff brought forward four areas in the Zoning Code to be updated with the goal of adjusting the Zoning Code to better reflect community needs while promoting consistency in future development and being in compliance with State and Federal laws and other city ordinances. CURRENT STATUS Places of Worship The Religious Land Use and Institutionalized Persons Act (RLUIPA) passed in 2000 and mandates that religious assemblies and institutions be treated at least as well as non-religious assemblies and institutions. The City’s zoning code restricts “religious facilities/places of worship” to residential zones with a conditional use permit, while allowing “auditorium/places of assembly”, “banquet hall”, “club or lodge”, “theater-live performance” and “theater – movie” in commercial zones. This creates a conflict with RLUIPA. Staff is recommending the code be updated to add “religious facilities/places of worship” as permitted with a conditional use permit in General Business (GB) and Central Business District (CBD). Based on Planning Commission comments staff is also recommending updating the specific development standards associated PLANNING COMMISSION MEETING AGENDA SECTION PUBLIC HEARING MEETING DATE MARCH 3, 2026 10 Item 2. City of Columbia Heights Page 2 with “religious facilities/places of worship” to include requiring a transportation management plan to address off street parking, traffic control and the impact of the facility on surrounding roadways. Non – Conformities State Statute 462.357 Subdivision 1e states: “Except as otherwise provided by law, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion”. The City’s zoning code does not allow for “replacement” and is therefore in conflict with the State Statute. Staff is recommending amending 9.105 Nonconformities (C)Nonconforming Structures (4) Repair and maintenance to include replacement that does not increase the nonconformity in any way. Multiple-family dwelling, when above a first-floor commercial use The City’s zoning code permits “multiple-family dwelling, when above a first-floor commercial use” in the Central Business District (CBD), but restricts “Single family dwelling, when accessory to a commercial use” to the Limited Business (LB) district with a conditional use permit. Staff is recommending changing the allowed use to “single and multiple family dwelling, when above a street level commercial use” in the Central Business District (CBD) to allow single apartments above commercial uses. Staff is recommending the language to be changed from first floor to street level to account for properties that have lower levels that exit out into parking lots. Smoke Shops On November 24, 2025, the City Council adopted Ordinance 1720 regarding Chapter 5.3 Tobacco Regulations. 9.103, 9.106 and 9.107 in the Zoning Code need to be updated to reflect the changes. Staff Recommends the following changes. 9.103 Definitions SMOKE TOBACCO PRODUCT SHOP. A retail establishment that has obtained an appropriate license, in which greater than 90% of the business’s gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories, and prohibits persons under 21 from being present or enter at all times. ACCESSORY TOBACCO RETAILER. A retail establishment that has obtained an appropriate license from the City and that derives no more than 45% of its gross revenues from the sale of licensed products. 9.106 General Development Standards Table of Uses Add the Accessory Tobacco Retailer use to the table as permitted in all commercial districts. 9.107 Specific Development Standards (43) Smoke Tobacco Product shops. (a) The smoke shop Must have an entrance door opening directly to the outdoors. (b) Share no wall with, and has no part of its structure adjoined to any other business or retailer, unless the wall is permanent, completely opaque and without doors, windows and pass-throughs to the other business or retailer Tobacco Product Shop 11 Item 2. City of Columbia Heights Page 3 (c) Shall share no walls with, and has no part of its structure directly adjoined to, another tobacco retailer (b) Greater than 90% of the business’s gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. (c) A tobacco department or section of any individual business establishment with any type of liquor, food or restaurant license shall not be considered a smoke shop. (d) The total number of city-issued smoke shop licenses shall at no time exceed five. (d) Any existing smoke tobacco product shops at the time of the passage of Ord. 1570 1720 shall comply fully with the ordinance by December 31, 2010 January 1, 2026. ZONING ORDINANCE AMENDMENT FINDINGS OF FACT Section 9.104 (F) of the Zoning Ordinance outlines certain findings of fact that must be met in order for the City to grant approval for a zoning amendment. The findings are as follows: (a) The amendment is consistent with the comprehensive plan. The City’s 2040 Comprehensive Plan identifies strengthening the identify and image of the community as a desirable place to live, work, and play as well as preserving and enhancing the existing viable commercial and industrial areas within the community. The zoning code amendments proposed will help achieve more consistency with the 2040 Comprehensive Plan. (b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The zoning text amendments are to come into compliance with current City, State and Federal regulations to ensuring consistency across zoning districts. (c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment is not to change the zoning classification of a particular property. (d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The amendment is not to change the zoning classification of a particular property. STAFF RECOMMENDATIONS Staff is recommending the following amendments to the Zoning Code: 1. 9.103 Definitions update Smoke Shop to Tobacco Product Shop, make the definition consistent with the definition in Ordinance 1720 and add the definition of Accessory Tobacco Retailer. 2. 9.105 Nonconformities to include replace in Repair and Maintenance of a Nonconforming structure but does not allow for an increase in nonconformity with the replacement. 3. 9.106 General Development Standards (S) Table of Uses a. Amend ‘Multiple family dwelling, when above a first floor commercial use’ to ‘Single and Multiple family dwelling, when above street level commercial use’. b. Change the name of Smoke Shops to Tobacco Product Shops. c. Add Accessory Tobacco Retailer as permitted in all Commercial Districts. d. Add Religious facility/place of worship as a Conditional Use in General Business and Central Business District. 12 Item 2. City of Columbia Heights Page 4 4. 9.107 Specific Development Standards a. Amend (35) Religious facilities/places of worship for consistency and to require a transportation management plan. b. Amend (43) Smoke Shops to be in alignment with Ordinance 1720 as presented above. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of draft Ordinance amendment No. 17 25, there being ample copies available to the public. MOTION: Move to recommend City Council approve draft Ordinance amendment No. 17 25, a Zoning Ordinance Amendment, as presented. ATTACHMENTS 1. Draft Ordinance 1725 2. Affidavit of Public Hearing Notice 13 Item 2. Ordinance No.1725 DRAFT ORDINANCE NO. 1725 AN ORDINANCE AMENDING CHAPTER 9 – LAND USE OF THE CITY CODE OF 2005 TO AMEND 9.103 DEFINITIONS, 9.105 NONCONFORMITIES, 9.106 GENERAL DEVELOPMENT STANDARDS, AND 9.107 SPECIFIC DEVELOPMENT STANDARDS. The City of Columbia Heights does ordain: Section 1 The following definitions are amended or added as provided in Section 9.103 of the City Code of 2005, is hereby established to read as follows: For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ABANDONMENT. To discontinue a use or activity for any reason, but excluding temporary interruptions to the use during periods of building or remodeling where a valid building permit has been issued or during periods of routine seasonal closure. ACCESSORY BUILDING OR STRUCTURE. A building or structure or portion of a structure subordinate to and serving the principal structure on the same lot. Solar equipment and renewable energy installations are not considered to be structures. ACCESSORY TOBACCO RETAILER. A retail establishment that has obtained an appropriate license from the City and that derives no more than 45% of its gross revenues from the sale of licensed products. ACCESSORY USE. A use that is reasonably necessary and incidental to the conduct of the primary use of the principal building or buildings. ADDITION. Any change or modification in construction or occupancy of an existing structure. The enclosure of an existing screened porch, deck, roofed deck, patio, or roofed patio shall be considered an addition. ADJACENT or CONTIGUOUS. Bordering, touching or adjoining. If two lots are separated by a public street, they shall not be deemed adjacent. If two lots are separated by a public walkway, they shall be deemed adjacent. ADULT USE. Adult uses include adult bookstores, adult motion picture theaters, adult motion picture sales/rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult conver sation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, busine sses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas” which are capable of being seen by members of the public. Activities classified as obscene as defined by M.S. § 617.241, as it may be amended from time to time, are not included. ADULT USE, ACCESSORY. The offering of retail goods for sale which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines , the sale or rental of adult motion pictures, the sale of adult novelties, and the like. ADULT USE, PRINCIPAL. The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment and include, but are not limited to adult body painting studios, adult bookstores, adult cabarets, adult companionship establishments, adult conversation parlors, adult health clubs, adult theaters, adult modeling studios, and adult saunas and massage parlors. ALLEY. A public right-of-way or private way that affords a secondary means of access to abutting property. 14 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 2 ANNEXATION. The incorporation of a land area into the city with a resulting change to the corporate limits of the city. ARCADE. A place or facility where pinball or other similar electronic games are played for amusement only. Shall not be construed so as to include bingo games nor shall it be construed so as to include gambling devices or any other devices prohibited by law. ASSEMBLY, MANUFACTURING AND/OR PROCESSING. Any manufacturing or industrial production which by the nature of the materials, equipment, and process utilized are not objectionable by reason of odor, radiation, noise, vibration, gas fumes, dust, smoke, refuse matter or water-carried waste. ASSISTED LIVING. A facility licensed by the MnDOH where individualized home care aide services or home management services are provided to residents either by management or by providers under contract with the management. AUDITORIUM/PLACE OF ASSEMBLY. An open, partially enclosed, or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions, and other public gatherings. Typical uses include convention and exhibition halls, sports arenas, and a mphitheaters. AUTO REDUCTION YARD. A lot or yard where one or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. AUTOMOBILE AND MOTORCYCLE SALES/RENTAL NEW. The use of any building, land area, or other premises or portion thereof, for the display, sale, or lease of new automobiles, panel trucks or vans, trailers, or recreational vehicles and including any warranty repair work and other repair service conduct ed as an accessory use. AUTO AND TRUCK SALES LOT, USED. Any land used or occupied for the purpose of buying and selling secondhand passenger cars or trucks, and the storing of such vehicles prior to sale. AUTOMOBILE, USED. Any secondhand, previously owned passenger vehicle, car, or truck. AVERAGE EXISTING GRADE. The average existing grade is measured as the existing elevation (prior to any construction alterations) at each corner of the structure and calculating an average. AVERAGE FINISHED GRADE. The average finished grade is measured by taking the finished elevation (after any construction alterations) at each corner of the structure and calculating an average; see example images below: 15 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 3 BANNER, FLAG or PENNANT. A sign made of a flexible material, such as cloth, paper, or plastic, however and wherever affixed. BANQUET HALL. A building for the purpose of hosting a party, banquet, wedding, reception or other social events. BASEMENT. A portion of a building located partially, up to 50% underground or below grade. BAY. Cantilevered portion of a building. BED AND BREAKFAST RESIDENCE. An owner-occupied, single-family residence that provides lodging and meals to registered guests. BEDROOM. Any room used principally for sleeping purposes and does not contain separate kitchen and sanitary facilities. BILLIARDS HALL. A business establishment containing more than two pool or billiard tables for the use of patrons. BOARD OF ADJUSTMENTS. The Columbia Heights Planning Commission. BOARDING HOUSE. A building other than a motel or hotel where, for compensation and by pre - arrangement for definite periods, meals and/or lodgings are provided for three or more persons, but not to exceed eight persons. 16 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 4 BODY PIERCING SHOP. The practice of physical body adornment by establishments and artists using the techniques of body piercing, BOWLING ALLEY. Indoor facility for the sport of ten-pin or duck-pin bowling, with customary accessory uses such as snack bars. BREW PUB. A restaurant that conducts the retail of on-sale malt liquor consumed and brewed on the premise. BREWER TAPROOM. A facility on the premises of, or adjacent to, a malt liquor manufacturer intended for on - sale and consumption of malt liquor produced by the brewer. BUFFER. A landscaped area intended to separate and/or partially obstruct the view of adjacent land uses or properties from one another. BUILDABLE AREA. The area of the lot remaining after the minimum yard or setback requirements of this article have been established. BUILDING. Any roofed structure that may provide shelter or enclosure of persons, animals or chattel. Solar equipment and renewable energy installations are not considered to be structures. BUILDING LINE. A line parallel with the street right-of-way, or any property line, at the foundation level of a building and representing the distance which the building is set back from the street right -of-way or other property line. BULK REGULATIONS. Standards and controls that establish the maximum size of structures and the buildable area within which the structure can be located, including height, floor area ratio, gross floor area, lot area, lot coverage, impervious surface area and yard requireme nts, but excluding residential density regulations. BUSINESS. Any occupation, employment, or enterprise wherein merchandise is exhibited, rented or sold or which occupies time, attention labor and/or materials or where services or goods are offered for compensation. BUSINESS FRONTAGE. The property lines or lease lines at the front of the building or the location of the main public entrance of said building. CANOPY, AWNING or MARQUEE. A projection or extension of a structure, building or place of assembly, erected in such a manner as to provide a shelter or cover over the approach to any entrance of such structure, building, or place of assembly. CARETAKER’S RESIDENCE. An accessory dwelling on a nonresidential premises, occupied by the person who oversees the nonresidential operation 24 hours a day, and their family. CARPORT. An automobile shelter having one or more sides open. CARWASH. A building that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and which may employ some hand labor. CERTIFICATE OF OCCUPANCY. A document issued by the Building Official allowing for the occupancy or use of a building, and certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes and ordinances. CLINIC, MEDICAL. A place used for the diagnosis and treatment of sick, ailing, infirm, injured persons, and those persons who are in need of medical attention. Overnight care facilities are not provided at the clinic. CLINIC, VETERINARY. A place used for the diagnosis and treatment of sick or injured animals and those animals in need of medical attention within a completely enclosed building with sound proofing and odor control, does not include outdoor kennels. CLUB OR LODGE. An organization and its premises catering exclusively to members and their guests for social, intellectual, recreational, or athletic purposes that are conducted for profit; includes lodge. COFFEE SHOP. An establishment engaged principally in the sale of coffee and other non-alcoholic beverages for consumption on the premises or for carryout, which may also include the sale of a limited number of food items. 17 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 5 COLOR. Any hue or combination of values of these. Black and white, shall not be considered colors. COMMERCIAL USE. A use of land, building or structure intended, designed or arranged for a business, occupation, trade, or profession, including entertainment, services or sale of goods. COMMUNITY CENTER. An establishment operated by a non-profit organization or government agency, which includes recreational facilities, meeting rooms, social service facilities, and public health facilities, or any combination thereof. Community-scale solar energy system. A solar photovoltaic system that qualifies for the Community Solar Gardens identified by the State of Minnesota Commerce Department’s Energy and Utilities. COMPREHENSIVE PLAN. The policies, statements, goals and interrelated plans for private and public use of land and water, transportation, and community facilities including recommendations for plan execution, documented texts, ordinances, maps which constitute the guide for t he future development of the city. CONCRETE, ASPHALT, ROCK CRUSHING OPERATION. A plant for the manufacture, mixing, and crushing of concrete, cement, and concrete and cement and rock products, including any apparatus and uses incident to such manufacturing and mixing. CONDITIONAL USE PERMIT. A permit specially and individually granted by the City Council after public hearing thereon by the Planning Commission for any conditional use so permitted in any use district. CONSIGNMENT/SECONDHAND STORE. Retail sales of previously used merchandise, such as clothing, household furnishings or appliances, sports/recreational equipment. This classification does not include secondhand motor vehicles, parts, or accessories. CONVENIENCE STORE. A retail establishment, having a maximum gross floor area of 7,500 square feet, offering for sale prepackaged food products, household items and other goods commonly associated with this type of store. This use may also be combined with a motor vehicle service station. COUNCIL. The Columbia Heights City Council. CURB. A stone, asphalt or concrete boundary marking the edge of a roadway or paved area. CURB LEVEL. The grade elevation as established by the city, of the curb in front of the center of the building. Where no curb level has been established, the City Engineer shall determine a curb level or its equivalent for the purpose of this article. CURB LINE. The line at the face of the curb nearest the street or roadway. In the absence of a curb, the curb line shall be established by the City Engineer. CURRENCY EXCHANGE. Any person, except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders, or travelers’ checks for a fee. Does not include a person who provides these services incidental to the person’s primary business if the charge for cashing a check or draft does not exceed one dollar or 1 percent of the value of the check or draft, whichever is greater. DAY CARE, ADULT. A facility that provides care to functionally impaired adults on a regular basis for periods of less than 24 hours in a structure that is not the residence of the person being served or the facility operator. DAY CARE, FAMILY. A facility that provides care, protection and supervision of children in a private residence for periods of less than 24 hours. The size of the outdoor play area, the maximum number of children who may be served, and the number and qualifications of required outside teachers and helpers are set forth in Minnesota Statutes. This use may be licensed by other agencies. DAY CARE, GROUP. A non-residential facility where child care, protection and supervision services are provided on a regular basis for periods of less than 24 hours. A group day care facility may also be referred to as a NURSERY. DECK, ATTACHED. A structure six feet or more attached to the main building that may or may not have a railing or access to the ground, but does not have a roof or contain walls. 18 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 6 DECK, DETACHED. A free-standing structure that is directly adjacent or attached to the principal building that may or may not have a railing, but does not have a roof or contain walls. DENSITY. The number of dwellings or principal buildings or uses permitted per net acre of land. Net acre of land shall not include any land required for public streets or other rights-of-way. DEVELOPMENT. All structures and other human modifications of the landscape. DRINKING ESTABLISHMENT. Any premise where alcohol or non-alcoholic beverages are sold at retail for consumption on the premises. DRIP LINE. A vertical line extending from the outermost branches of a tree to the ground. DRIVE-IN FACILITY. Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle. Such use may also be referred to as a drive- through. DRIVEWAY. A private way used by vehicles to gain access to an individual lot or parcel of land. For one- and two-family dwellings, the driveway shall be defined as the length and width of a driving surface that is used to gain access to a private garage. DROP-IN FACILITY. A facility operated by an organization which provides services such as training, counseling, health, or the distribution of food or clothing. This term includes but is not limited to a facility offering life skills training, substance abuse counseling, housing services, or a neighborhood recovery center. This term does not include an emergency residential shelter. DWELLING. A building or one or more portions thereof occupied or intended to be occupied exclusively by a family, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins, or trailer coaches. DWELLING UNIT, ACCESSORY. A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an internal, attached or detached extension to an existing single-family structure. DWELLING, ATTACHED. A dwelling that is joined to another dwelling on one or more sides by a common wall. DWELLING, MULTIPLE. A building so designed as to contain three or more dwellings as the principle use. DWELLING, SINGLE-FAMILY. Any building that contains one dwelling unit used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied or occupied for living purposes. DWELLING, TOWNHOUSE. A single-family dwelling unit constructed in a group of two or more attached units in which each unit extends from the foundation to the roof and having open space on at least two sides of each unit. Each single-family dwelling unit shall be considered to be a separate building. Separate building service utilities shall be provided to each single-family dwelling unit when required by other chapters of the State Building Code. DWELLING, TWO-FAMILY. Any building that contains two separate dwelling units with separation either horizontal or vertical on one lot that is used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or occupied for living purposes. EASEMENT, UTILITY. A grant by a property owner for the use of a portion or strip of land for the purposes of constructing and maintaining utilities, including, but not limited to, sanitary sewers, water mains, electric liners, telephone lines, storm sewers or storm drainage ways, and gas lines. EMERGENCY SHELTER. A non-profit, charitable, or religious organization providing boarding and/or lodging and ancillary services on the premises primarily to indigent, needy, homeless or transient persons. EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of encroachment lines so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This as determined by considering the effect of encroachment on the hydraulic eff iciency of the flood plain along both sides of a stream for a significant reach. 19 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 7 ESSENTIAL SERVICE. Underground or overhead gas, electrical, steam, or water distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including telecommunication towers. FACADE. The exterior wall of a building exposed to public view. FAMILY. Any number of persons living together as a single housekeeping unit under a common housekeeping management plan. FAMILY, SHARED LIVING ARRANGEMENT. The occupancy of a dwelling unit by persons of more than one family in order to reduce housing expenses and to provide social contact, mutual support, and assistance. FENCE. A fence is any partition, structure, wall or gate erected as a dividing marker along property lines or within the required yard. FILLING. The placement of sand, gravel, earth or other materials of any composition on a parcel of land. FIREARM. Any device, designed to be used as a weapon, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or other form of combustion, but excluding a stud or nail gun used in the construction industry or a toy gun. FIREARMS DEALER. Any person engaged in the sale, lease, trade, or other transfer of firearms or ammunition at wholesale or retail. Firearms dealer shall not include any person engaged only in the business of repairing firearms. FLOOD. A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel. FLOOD FREQUENCY. The average frequency, statistically determined, for which it is expected that a specific flood state or discharge may be equaled or exceeded. FLOOD FRINGE. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term floodway fringe used in the Flood Insurance Study. FLOOD PLAIN. The areas adjoining a watercourse that have been or hereafter may be covered by the regional flood. FLOOD PROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages. FLOODWAY. The channel of the watercourse and those portions of the adjoining flood plain that is reasonably required to carry and discharge the regional flood. FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floors measured to the outside of exterior walls. FLOOR AREA, NET. The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines and basements, but excepting that area primarily devoted to window display, fitting rooms, stairs, escalators, unenclosed porches, dead stor age, heating and utility rooms, inside off-street parking or loading space. Measurements shall be made from the outside of exterior walls. FLOOR AREA RATIO. The numerical value obtained through dividing the gross floor area of a building or buildings by the lot area on which such building or buildings are located. FREIGHT TERMINAL. A transportation facility in which quantities of goods or container cargo are stored without undergoing any manufacturing processes, transferred to other carriers, or stored outdoors in order to transfer them to other locations. FRONTAGE. The distance for which a lot line coincides with the right-of-way line of a public street or the boundary of a private street. FUNERAL HOME. A building or part of a building thereof used for human funeral services. Such building may contain space and facilities for embalming and other services used to prepare the dead for burial, performance 20 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 8 of autopsies, storage of caskets, funeral urns and other related funeral supplies and the storage of other funeral supplies, but excluding crematoriums. GARAGE, PRIVATE. A detached accessory building or portion of principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or one truck of a rate capacity not in excess of 9,000 pounds. GARAGE SALE. Any display of used goods and/or salesmen samples and sale of said goods on a property used primarily as a dwelling. The person conducting the sale shall be a member of the family occupying the dwelling. GLARE, DIRECT. That part of the visible light reaching an observer directly in a straight line from the source of its principal diffuser and/or its associated focusing reflector. GLARE, INDIRECT. Light described in the definition for direct glare, but reaching an observer by reflection from a surface or surfaced which either: (1) Move periodically under power of the wind, electricity, burning fossil fuel, or similar energy source; or (2) Reflect 70% or more of the light incident upon them; or (3) Produce by imaging the effect of the conditions of subdivision (a) above. GRADE. The elevation or level of the street closest to the building, structure or sign to which reference is made, measured at the street's centerline. GOLF COURSE. A tract of land laid out with a least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restrooms, driving range, and shelters as accessory uses. GOVERNMENT PROTECTIVE SERVICE FACILITY. An establishment for training state and local law enforcement, fire safety, national guard, or transit personnel and accessory facilities including but not limited to: (1) dining and overnight accommodations; (2) classrooms; (3) indoor shooting ranges; (4) auto test tracks; and (5) fire suppression simulations. GRAPHICS. An illustration or rendering which is not for an advertising purpose and which is applied directly to a building or structure. GREENHOUSE, RESIDENTIAL. A seasonal/temporary accessory building or structure constructed chiefly of glass, glasslike or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers or other tender plants. GRID-CONNECTED SOLAR ENERGY SYSTEM. A solar photovoltaic system that is connected to an electric circuit served by an electric utility company. Ground-mounted solar energy system (Accessory Use): A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and the system is accessory to the primary use. Ground-mounted solar energy system (Primary Use): A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and is the primary land use for the parcel(s) on which it is located. Primary use systems are permitted through a discretionary approval process. HEALTH/FITNESS CLUBS. An establishment that provides exercise facilities such as running, jogging, aerobics, weight lifting, court sports, and swimming, as well as locker rooms, showers, massage rooms, saunas and related accessory uses. HEIGHT, BUILDING. Building height is measured as the distance from the average finished grade to the tallest point of a flat roof; or the peak of a pitched or mansard roof; or the highest point on all other roof types. HEIGHT, SIGN. Sign height is measured as the distance from the average existing grade to the tallest point on the structure or sign, whichever is taller. For pylon signs, the average existing grade is taken from the elevation where the pole meets the existing grade. HEIGHT, STRUCTURE. Structure height is measured as the distance from the average finished grade to the tallest point on the structure. 21 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 9 HOME OCCUPATION. Any gainful occupation or profession engaged in by an occupant of a dwelling unit. Such use must be clearly incidental and secondary to the principal use of the dwelling for residential purposes and shall not change the residential character of the dwelling or have an adverse effect on adjacent properties nor constitute a nuisance or safety hazard. HOTEL. A building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient, permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge. IMPERVIOUS SERVICE. A surface that is occupied by buildings or structures, or has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities or other wholesale items. JUNK YARD. An area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored baled, cleaned, packed, disassembled or handled including but not limited to scrap, iron, and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included. 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. LAND ALTERATION. Depositing or removing 400 cubic yards or more of material after the effective date of this article so as to modify the existing grade, excluding excavations for the placement of footings or the construction of basements. LIQUOR STORE, OFF-SALE. Establishments engaged in the sale of alcoholic beverages for off-premises consumption. LOT. A parcel of land occupied or used or intended for occupancy or use by a use permitted in this article, abutting on a public street, and of sufficient size to provide the yard required by this article. LOT AREA. The area of a lot in a horizontal plan bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or area which has been dedicated as a public right - of-way. LOT AREA PER DWELLING UNIT. The number of square feet of lot area required per dwelling unit. LOT, CORNER. A lot situated at the junction of, and abutting on two or more intersecting streets or other public rights-of-way, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot. LOT, INTERIOR. A lot other than a corner lot. LOT LINE. A lot line is the property line bounding a lot except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way shown on a recorded official map, the line of such public right-of-way shall be deemed the lot line. LOT LINE, FRONT. That boundary of a lot that abuts a public street. In the case of a corner lot it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed with the city. LOT LINE, REAR. That boundary of a lot that is opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to, and at the maximum distance from the front lot line. LOT LINE, SIDE. Any boundary of a lot that is not a front lot line or a rear lot line. 22 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 10 LOT OF RECORD. Any lot which is one unit of a plat heretofore or hereafter duly approved and filed, or one unit of an auditor's subdivision or a registered land survey, or a parcel of land not so platted, subdivided or registered for which a deed, auditor's subdivision or registered land survey has been recorded in the office of the Register of Deeds or Registrar of Titles for Anoka County, Minnesota prior to the effective date of this article. LOT, SUBSTANDARD. A lot or parcel of land that has less than the required minimum area or width as established by this article as a buildable parcel. LOT, THROUGH. A lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this article. LOT WIDTH. The minimum horizontal distance between the side lot lines as measured at the median point of the front yard setback line. MAINTENANCE FACILITY. An establishment providing routine maintenance of buildings. This term includes but is not limited to an establishment performing window washing, building cleaning, pest extermination or a disinfecting service. MANUFACTURED HOME. A manufactured home means a factory-built structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units without a permanent foundation. The phrase “without a permanent foundation” indicates that the support system is constructed with the intent that the mobile home placed thereon will be moved from time to time at the convenience of the owner. MANUFACTURED HOME PARK. A parcel of land so designed and improved with utilities, parking pads, walks, access roads, and other facilities to accommodate manufactured homes that are to be used as dwellings and that have received state approval. MEDICAL LABORATORY. A facility offering diagnostic or pathological testing and analysis of blood, blood fluids, pathological specimens, DNA sampling and analysis, and any other diagnostic test generally recognized in the healthcare industry. MOTEL. A building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient, permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made directly from the outside. MOTOR FREIGHT TERMINAL. A building or area where freight arrives and/or is removed for routing in intra - state or inter-state shipment by motor truck. MOTOR FUEL STATION. A retail place of business engaged primarily in the sale of motor fuels, but may also be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. MOTOR FUEL STATION, MAJOR. A primarily retail place of business which may engage in major motor vehicle repair and may include auto wash or convenience store as an accessory use. MOTOR FUEL STATION, MINOR. A retail place of business which shall have no more than two service bays, and may engage in minor motor vehicle repair. MOTOR VEHICLE PARTS STORE. Any building or premise used for the purpose of selling and storing any component, product or system of an automobile, motorcycle or truck vehicle. MOTOR VEHICLE REPAIR, MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, frame work and major painting service. MOTOR VEHICLE REPAIR, MINOR. The replacement of any part or repair of any part including the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work; minor painting and upholstering service when said service above stated is applied wit hin an enclosed building. 23 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 11 NONCONFORMITY. Nonconformity shall have the meaning given in the M.S. § 394.22, subd. 8, or successor statutes. NOXIOUS MATTER OR MATERIAL. Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well being of individuals. NURSING HOME. A place, residence, or home used for the boarding and care of elderly or infirm that are dependent upon the services of others. OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property. OFFICE. A building or portion of a building wherein services are performed involving predominantly administration, professional or clerical operations. OFFICE/SHOWROOM. A structure designed for the display of goods for sale, such as appliances, cars, or furniture with an office as an accessory use. OFFICE/WAREHOUSE. Facilities characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or nuisances such as dust, noise, and odors, but not involved in manufacturing or production. OFFICIAL CONTROL. Means legislatively defined and enacted policies, standards, precise detailed maps, and other criteria all of which control the physical development of a municipality or a county or any part thereof or any detail thereof, and are the means of translating into ordinances all or any part of the general objections of the comprehensive plan. Such official controls may include but are not limited to ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, housing codes and official maps. OFFICIAL MAP. Means a map adopted in accordance to Minnesota Statutes which may show existing roads and highways, future roads and highways and the area needed for widening existing public land and facilities and other land needed for future parks, playgrounds, schools, and other public buildings, civic centers, travel service facilities. OPAQUE. Impervious to the passage of light. OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease, advertising or trade where such goods are not enclosed within a building but not including new or used cars or trucks. OPEN SPACE, COMMON. Open space within or related to a development designed and intended for the common use or enjoyment of the occupants of the development or the public at large. ORDINARY HIGH WATER MARK. Shall have the meaning given in M.S. § 103G.005, subd. 14; or successor statutes. OUTDOOR SALES/DISPLAY. An outdoor arrangement of objects, items, products, or other materials, typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product, or service. OUTSIDE STORAGE. The keeping in an unroofed area of any goods, bulk material, other material, merchandise, or products for more than 24 hours. OVERLAY DISTRICT. A zoning district that encompasses one or more primary zoning districts, or portions thereof, and that imposes additional requirements above and beyond those required by the primary zoning district. 24 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 12 PARCEL. An area of land that may be designated by platting, by metes and bounds descriptions, by a registered land survey, by auditor's subdivision, or other acceptable means, which distinguishes it from other parcels. PARKING, JOINT. The development and use of a parking space or parking lot by two or more separate uses. PARKING RAMP. A structure designed and used for the storage of motor vehicles at, below, or above grade or a combination thereof that does not consist solely of an at grade outdoor parking area. PAWNBROKER. A person who loans money on deposit or pledge of personal property or other valuable items or who deals in the purchasing of personal property or other valuable items on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part thereof. PAWN SHOP. A business establishment operated by a pawnbroker. PEDESTRIAN WAY. A public or private right-of-way, across or within a block that provides access for pedestrians. PERFORMANCE STANDARD. Criterion established to control noise, odor, radiation, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. PERSONS. Any individual, firm, partnership, corporation, company, association, joint stock association or body politic; includes any trustee, receiver, assignee, or other similar representative thereof. PLACE OF WORSHIP. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which buildings and uses are maintained and controlled by a religious body organized to sustain regular public worship. May include a convent, monastery, or other religious residence when accessory to a place of worship or religious facility. PLANNED UNIT DEVELOPMENT. Planned unit development means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and usually involving a mix of land use, structure types and other d esign development details specific to the site or project goals. PLAT. A map depicting the division or subdivision of land into lots, blocks, parcels, tracts or other portions thereof. PLAT, FINAL. A drawing of a permanent nature showing the precise location and dimensions of such features as streets, lots, easements and other elements pertinent to transfer of ownership and prepared for permanent record. PLAT, PRELIMINARY. A drawing showing the proposed general pattern of streets, lots, and land uses within a tract of land to be subdivided. PLAYGROUND. An area developed for active play and recreation that may contain courts for such games as basketball or tennis. PRECIOUS METALS. Gold, silver or platinum. PRECIOUS METALS DEALER. Any person, partnership or corporation, either as principal or agent, who engages in the business of buying or selling secondhand items containing precious metal, including but not limited to jewelry, watches, coins, eating utensils, candlesticks, decorative objects and ingots. PRECIOUS METALS DEALERSHIP. Any business establishment operated by a precious metals dealer. PRINTING/PUBLISHING. An establishment in which the principal business consists of duplicating and printing services using photocopy, blueprint, or offset printing equipment, including publishing, binding, and engraving. PROFESSIONAL SERVICE. An establishment or place of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty and barber shops, shoe repair shops, and tailor shops. PROFESSIONAL STUDIO. Work space for artists or other commercial professional, including individuals practicing one of the fine arts or skilled in an applied art, craft, or trade that requires a working area. 25 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 13 PUBLIC ART. A fountain, sculpture, painting, mural, or similar object that is sited within a planned development as a focal point and is intended for the enjoyment of the general public. PUBLIC PARK. A natural or landscaped area, buildings, or structures, provided by a unit of government, to meet the active or passive recreational needs of people. PUBLIC WATERS. Public waters shall have the meaning given in M.S. § 103G.005, subd. 15, or successor statutes. RADIO AND TELEVISION, STUDIO. All uses related to the production of motion pictures and television film and tape as well as radio recordings, including motion picture and television stages; exterior sets; laboratories; construction, repair, and storage facilities; caretaker and temporary housing; all vehicles used to transport this equipment and other related commercial vehicles; and accessory fabrication activities. RAMP. A structure attached to a principle or accessory building which is constructed at a slope that meets the Uniform Building Code requirements for the purposes of providing access to a building. REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. RECREATIONAL FACILITY (INDOOR AND OUTDOOR). Clubhouses, swimming pools, tennis courts, trails and similar facilities used by the general public for exercise, sports or entertainment. REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term base flood used in the flood insurance study. RENTAL UNIT. A licensed dwelling designed for use and occupancy by persons other than the owners . RESIDENTIAL CARE FACILITY. A licensed public or private facility, which, for gain or otherwise, regularly provides one or more dependents with 24-hour-a-day substitute for the care, food, lodging, training, supervision, rehabilitation, and treatment they need, but which for any rea son cannot be furnished in the dependent’s own home. The term includes facilities that are licensed by the Minnesota Department of Health, foster homes, residential treatment facilities, maternity shelters, group homes, schools fo r challenged children, and homes for battered children or spouses. Such term shall not include any facility eligible for licensure by the Minnesota Department of Corrections. Residential care facilities serving six or fewer dependents are considered permitted uses in all residential zoning districts where single family residences are permitted subject to the same regulations. RESIDENTIAL CARE FACILITY, CORRECTIONAL. A licensed public or private facility, which, for gain or otherwise, regularly provides one or more dependents with 24-hour-a-day substitute for the care, food, lodging, training, supervision, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the dependent’s own home. The term includes facilities that are licensed by the Minnesota Department of Health, foster homes, residential treatment facilities, maternity shelters, group homes, schools for challenged children, and homes for battered children or spouses. Such term shall also include any facility eligible for licensure by the Minnesota Department of Corrections. RESIDENTIAL USE BUILDING. A dwelling, boarding, lodging, rooming, fraternity or sorority house, or a dormitory unit. RESTAURANT. An establishment engaged in the preparation and retail sale of food and beverages, which is characterized by table service to customers and does not meet the definition of a fast food restaurant. RESTAURANT, FAST FOOD. An establishment whose design or principal method of operation includes at least five of the following characteristics. (1) Less than 50% of the gross floor area is devoted to customer dining. 26 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 14 (2) A permanent menu board is provided from which to select and order food. (3) If a chain or franchised restaurant, standardized floor plans are used over several locations. (4) Customers pay for food before consuming it. (5) A self-serve condiment bar is provided. (6) Trash receptacles are provided for self-serve bussing. (7) Furnishing plan indicates hard-finished stationary seating arrangement. (8) Most main course food items are substantially cooked on the premises and packaged in individual, non - reusable containers. (9) In addition, any restaurant with a drive-through facility shall be considered a fast food restaurant. RIGHT-OF-WAY. An area or strip of land, either public or private, upon which a right -of-passage has been recorded for the use of vehicles, including trains, or pedestrians or both. ROAD. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, service road, place or however otherwise designat ed. ROOF-MOUNTED SOLAR ENERGY SYSTEM: A solar photovoltaic system mounted on a rack that is ballasted on, or is attached to, the roof of a building or structure. Roof -mount systems are accessory to the primary use. ROOF HEIGHT, FLAT. The height of a flat roof is measured as the average finished grade to the highest point on the roof (see example below): ROOF HEIGHT, PITCHED. The height of a pitched roof is measured at the average finished grade to the mean distance between the eaves and the highest point of the roof (see example below): 27 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 15 ROOF HEIGHT, MANSARD. The height of a mansard roof is measured as the average finished grade to the highest peak on the mansard roof (see example below): ROOF HEIGHT, OTHER. All other roof heights are measured as the average finished grade to the highest point or area on the roof. ROOF LINE. The uppermost line of the roof of a building or, in the case of an extended facade, the uppermost height of said facade. ROOMER. A person who is not a member of the family occupying a room for a charge. ROOMING HOUSE. A residential structure that offers a room or rooms without kitchen facilities for rent. SALVAGE OPERATION/TRANSFER STATION. Structures or systems designed for the collection, processing, or disposal of solid wastes, including hazardous wastes, and includes transfer stations, processing plants, recycling plants, and disposal systems. 28 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 16 SAMPLING, TOBACCO. The lighting, inhalation, or combination thereof of tobacco, tobacco paraphernalia, or tobacco-related products for the purpose of testing a tobacco product prior to the sale of such product. SCHOOL, K-12. A public, private, or parochial school offering instruction at the elementary, junior, and/or senior high school levels in the branches of learning and study required to be taught in the public schools of Minnesota. SCHOOL, PERFORMING/VISUAL/MARTIAL ARTS. A school where classes in the various arts (e.g. dance, painting, theater, martial) are taught to four or more persons at a time. SCHOOL, VOCATIONAL/BUSINESS. A specialized instructional establishment that provides on-site training of business, commercial, and/or trade skills. SEASONAL SALES STANDS. An open-air facility which sells seasonal products directly to customers on site. These products include, but are not limited to, produce, fireworks, greenhouses containing trees and plants or other seasonal goods. SELF-SERVICE STORAGE FACILITY. A building or group of buildings divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers, and other residential uses; and may include refrigerated facilities. SEMI-PUBLIC USE. The use of land by a private, non-profit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. SETBACK. The minimum horizontal distance between a building or structure and a right -of-way, property line, ordinary high water level, or other specified facility. SEWER SYSTEM. Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial wastes or other wastes to a point of ultimate disposal and/or treatment. SHOOTING RANGE. Any building or premises where there are facilities of any sort for the firing of handguns, rifles, or other firearms. SHOPPING CENTER. A group of four or more commercial uses that has either common management or ownership, or has a contiguous gross retail area of 20,000 square feet or more. SHORE IMPACT ZONE. The land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the required structure setback for the applicable lake or river classification. SHORELAND. Shoreland shall have the meaning given in M.S. § 103F.205, subd. 4, or successor statutes. SIGN. A structure, device, advertisement, advertising device or visual representation intended to advertise, identify or communicate information to attract the attention of the public for any purpose and without prejudice to the generality of the foregoing. A sign includes any symbols, letters, figures, graphics, or forms painted or otherwise affixed to a building or structure intended to attract the attention of the public for any purpose. This definition includes a structural or nonstructural device th at borders, illuminates, animates or projects the visual representation. Signage displayed through public art displays or murals shall be subject to the sign area requirements identifying a single continuous perimeter enclosing the extreme limits of such sign. (1) SIGN AREA. The entire area within a single continuous perimeter enclosing the extreme limits of such sign. Such perimeter shall, in no case, pass through or between any adjacent elements of such sign. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface, which is visible from any ground position at one time , except when the signage includes a public art display or mural component. The supports, uprights, or structures on which any sign is supported, which do not form an integral part of the display, are not included in the sign area. (2) SIGN, MAXIMUM HEIGHT. Refers to the vertical distance measured from the nearest finished grade to the top of such a sign. (3) SIGN, MINIMUM HEIGHT. Shall refer to the vertical distance measured from the nearest finished grade to the lower limit of such sign. 29 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 17 (4) SIGN STRUCTURE. The structure which supports or is capable of supporting any sign, including the framework, braces, uprights, and supports of such signs. Said definition shall not include a building to which the sign is attached. SIGN ALTERATION. A change of copy area, size, or location exclusive of routine maintenance, painting or change of the copy itself. SIGN, ANIMATED. A sign that includes action or motion effected through mechanical or electrical means or wind, exclusive of flashing, changing and indexing signs. SIGN, AREA IDENTIFICATION. A sign identifying a shopping center or multiple dwelling units. SIGN, BILLBOARD. A non-accessory sign for the purpose of advertising a product, event, person, subject or service not entirely or directly related to the premises on which said sign is located, including a sign for the purpose of advertising the availability for rental or sale of the sign itself. SIGN, CANOPY, AWNING OR MARQUEE. A sign suspended from or forming part of the canopy, awning, or marquee that does not extend horizontally beyond such canopy, awning or marquee. SIGN, CHANGEABLE COPY. A sign employing detachable copy, letters or symbols which may be altered, substituted or rearranged to convey varying messages, regardless of method of attachment. SIGN, CHANGING. A sign which displays copy changes, such as an electronically or electrically controlled public service, time and temperature sign, message center or reader-board. SIGN, COPY. The letters, symbols, or other representatives used on a sign to convey a message. SIGN, COPY AREA. That portion of the sign which contains the copy and to which the copy is applied. SIGN, DIRECTIONAL. An on-premise sign designed to guide or direct pedestrian or vehicular traffic. SIGN, DYNAMIC LED. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components. This includes a display that incorporates a technology or method allowing th e sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any moving, flashing, blinking, or animated display and any display that incorporates LED lights m anipulated through digital input, “digital ink” or any other method or technology that allows the sign face to present a series of images or displays. SIGN, ELECTRIC. A sign that uses electrical wiring on, in or near such sign to effect illumination. SIGN, FLASHING. A sign that contains flashing lights or exhibits discernable and purposeful changes in light intensity or color. SIGN, FREE-STANDING. A permanent sign which is not affixed to any part of a building or structure and which is supported by upright brace(s) or post(s) placed in the ground. SIGN, IDENTIFICATION. A sign which is limited to the name, address and number of a building, structure, institution, or person in addition to the activity carried on in the building, structure or institution, or the occupation of the person. SIGN, ILLUMINATED. A sign designed to give forth or reflect any artificial light, either directly from a source of light incorporated in or connected with such sign, or indirectly from an artificial source in the immediate proximity thereof. SIGN, INCIDENTAL. A small sign less than two square feet in area of a noncommercial nature, intended primarily for the convenience of the public, including signs designating rest areas and public telephones. SIGN, INSTITUTIONAL. A sign used by an institution. SIGN, MONUMENT. A permanent freestanding sign which is not affixed to any part of a building or structure and which is typically constructed of masonry, concrete, wood or other decorative type material to complement the surrounding area. 30 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 18 SIGN, POLITICAL. A sign which states the name, slogan and/or picture of an individual seeking election to a public office, or which pertains to a public election or referendum, or which relates to or advocates political views or policies. SIGN, PORTABLE. A sign that is not permanently attached to the ground or to a building or structure. SIGN, PROJECTING. A sign which extends outward from the wall of a building or structure more than 18 inches, and is supported by or suspended from such wall. SIGN, REAL ESTATE. A sign offering land and/or buildings for sale, lease or rental, located on such property. SIGN, REVOLVING. A sign, any part of which turns, rotates, or revolves. SIGN, ROOF. A sign which is painted on, affixed to, or erected upon the roof or parapet of a building or structure of which any portion in situated on or above the roof level of such building or structure and is wholly or partially supported by said building or structure. SIGN, SANDWICH BOARD. A freestanding “A” frame sign, not requiring staking to the ground, placed near the entrance of a retail store to direct pedestrians to that business. SIGN, TEMPORARY. A sign, banner, pennant, valance, or advertising device intended to be displayed for a limited period of time, whether portable or attached to the principal structure. SIGN, TIME AND TEMPERATURE. A sign that displays only time and temperature information. SIGN, VARIABLE ELECTRONIC MESSAGE. A dynamic LED sign that changes its message more frequently than once every ten seconds for commercial and industrial properties located in the LB, GB, CBD, I -1 and I-2 zoning districts and a dynamic LED sign that changes its message more frequently than once every 10 minutes for religious and/or educational institutions located in the R-1, R-2A, R-2B, R-3, R-4, LB and PO zoning districts. SIGN, WALL. An identification sign affixed to or painted on the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of said wall. SIGN, WINDOW. A sign painted on, placed in, or affixed to any window, exclusive of merchandise on display. SIGNIFICANT HISTORIC SITE. An archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites or is determined to be an unplatted cemetery that falls under the provisions of the M.S. § 307.08; or successor statutes. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the director of the Minnesota Historical Society. SMOKE SHOP. A retail establishment that has obtained an appropriate license, in which greater than 90% of the business’s gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. SOLAR ENERGY SYSTEM: A device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage, and distribution of solar energy for space heating or cooling, daylight for in terior lighting, or water heating. SOLAR PHOTOVOLTAIC SYSTEM: A solar energy system that converts solar energy directly into electricity, the primary components of which are solar panels, mounting devices, inverters, and wiring. SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breasts below a point immediately above the top of the areola: and human male genitals in a discernibly turgid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES. Activities including: (1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or, (2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or, (3) Use of human 31 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 19 or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or, (4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or, (5) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or, (6) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or, (7) Human excretion, urination, menstruation, vaginal or anal irrigation. STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story. STREET. A public right-of-way not less than 50 feet in width which affords a primary means of access to abutting property. STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, column beams, girders, or foundations. STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground. When a structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate structure. Amending Accessory Building/Structure and Structure definitions to explicitly state that solar equipment and installations are not considered to be structures. SUBDIVISION. Land that is divided for the purposes of sale, rent, or lease and including planned unit developments. SWIMMING POOL, ABOVE-GROUND. All swimming pools that are constructed so that the edge of the pool is greater than three and one-half feet above ground grade or has a capacity of more than 3,000 gallons of water. SWIMMING POOL, HOT TUB. All pools that are intended for hydro-therapeutic massage and relaxation purposes that have a capacity of less than 750 gallons of water, including such pools generally constructed with a filter unit(s), pump(s), water jet(s), molded seating and a heating unit(s). Any hot tub greater than 750 gallons of water shall be considered an above-ground pool for regulatory purposes. SWIMMING POOL, IN-GROUND. All swimming pools constructed so that the pool edge is level with the ground grade. SWIMMING POOL, PORTABLE. Any temporary pool designed for easy construction and removal with a maximum height of 3.5 feet or a capacity of less than 3,000 gallons of water. TATTOO SHOP. Any room or space where tattooing is performed for compensation. Tattooing means a placement in human tissue of any indelible design, letter, scroll, figure, symbol, or other mark placed with the aid of needles or other instruments; or any design, letter, scroll, figure, or symbol done by scarring upon or under the skin. THEATER, LIVE PERFORMANCE/MOVIE. An establishment for the performing arts with open-air seating for audiences. Such establishments may include related services such as food and beverage sales and other concessions. TOBACCO PRODUCT SHOP. A retail establishment that has obtained an appropriate license, in which greater than 90% of the business’s gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories, and prohibits persons under 21 from being present or enter at all times . TRANSITIONAL/EMERGENCY HOUSING. A facility, other than a community living arrangement, managed by a public or nonprofit agency that provides short-term housing and a protective sanctuary for victims of fire, natural disaster, economic hardship, crime, abuse, or neglect, including emerg ency housing during crisis intervention for victims of rape, child abuse, or physical beatings which contains individual sleeping rooms and may or may not have food preparation facilities and private shower or bath facilities. 32 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 20 TWINHOME. A single-family residential dwelling on an individual lot, sharing a common wall with another single-family residential dwelling. USE. The purpose or activity for which the land, structure or building thereon is designed, arranged, or intended, or for which it is occupied or maintained. USE, CONDITIONAL. Either a public or private use as listed which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. USE, INTERIM. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. USE, PERMITTED. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards of such district. USE, PRINCIPAL. The main use of land or buildings. VENDING MACHINE. Any coin operated device that dispenses a product or service without an attendant. WALL SURFACE. The total horizontal area of the building face, including windows and door areas, measured to the extreme outer limits of such wall surface. WAREHOUSING AND/OR DISTRIBUTION. A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are inflammable or explosive or that present hazards or conditions commonly recognized as offensive. YARD. A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this article. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. YARD, FRONT. A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located. YARD, REAR. A yard extending along the full width of the :rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located. YARD, SIDE. A yard extending along a side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. ZONING ADMINISTRATOR. Person appointed by the City Manager as provided by this article. ZONING DISTRICT. An area or areas within the limits of the city for which the regulations and requirements governing use are uniform. Section 2 The following language for Nonconformities is added, amended and deleted as provided in Section 9.105 of the City Code of 2005, is hereby established to read as follows: (C) Nonconforming structures. (1) Nonconformity established. Any building or structure that does not conform to the setback, dimensional or density standards of the zoning district in which the property is located shall be deemed a nonconforming structure. (2) Right to continue. A legal nonconforming structure may be continued as it existed on the effective date of this article, except as provided for herein. (3) Expansion prohibited. A nonconforming accessory building shall not be enlarged, altered or expanded in any manner or dimension. A nonconforming principal structure shall not be enlarged, altered or expanded in any manner or dimension, unless the alteration or expansion: 1) doe s not 33 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 21 increase the degree of nonconformity; 2) does not further infringe upon established setbacks or building restrictions; 3) does not exceed 50% of the assessed value of the structure over the life of the structure at the time it became nonconforming; and 4) would substantially reduce potential flood damages for the entire structure. (4) Repair, and maintenance and replacement. Minor repairs and routine maintenance necessary to keep a nonconforming structure in a sound and safe condition are permitted as well as replacement of a nonconforming structure that does not increase or intensify the non conformity. (5) Damaged or destroyed. A nonconforming structure that is damaged or destroyed by fire or natural causes, to the extent that the cost of repair is more than 50% of the assessed value, shall not be restored unless it is brought into conformance. However, any principal residential structure located in a LB (Limited Business District), which falls within the “Town Square Concept” (adopted August, 2000) of the Columbia Heights Downtown Master Plan, and is damaged or destroyed by fire or natural causes over 50% of the assessed value, the dwelling may be reconstructed in the same footprint as the original structure, but may not be expanded in size. Section 3 The following language for General Development Standards is added, amended and deleted as provided in Section 9.106 of the City Code of 2005, is hereby established to read as follows: (S) Table of Uses. The following tables include the permitted, conditional, and accessory uses for all residential, commercial, industrial, and public zoning districts; numbers indicate additional conditions for approval of use which can be found in City Code 9.107 Specific Development Standards. 1. RESIDENTIAL ZONING DISTRICTS A = Accessory Use C = Conditional Use P = Permitted Use PUD = Planned Unit Development Numbers indicate additional conditions for approval of use which can be found in City Code 9.107 Specific Development Standards. ZONING DISTRICTS R-1 SINGLE- FAMILY RESIDENTIAL R-2A/R-2B: TWO-FAMILY RESIDENTIAL R-3: LIMITED MULTIPLE FAMILY RESIDENTIAL R-4: MULTIPLE FAMILY RESIDENTIAL P: PUBLIC AND OPEN SPACE USE CLASSIFICATION Accessory building/structure. A A A A Accessory dwelling unit on a single-family property. A A A A Bed and breakfast home, accessory to a single-family dwelling. C C Cemeteries. P Community center. C C C Congregate living facilities, including rooming houses, group living quarters, nursing homes (27), senior housing, assisted living facilities, transitional housing and emergency housing (44). C C Convent or monastery, when accessory to a religious facility. C C C C County, regional, and city parks. P P P P P Day care center, adult or child. C C 34 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 22 Decorative landscaping, gardening and other horticultural uses. A A A A Essential services. P Fences greater than six feet in height. A A A A Golf course. C C Government office. C C C C Government protective service facility. C C C C Greenhouses (residential). (24) A A A A Ground-mounted solar energy system (accessory use). (51) A A A A A Ground-mounted solar energy system (primary use). (51) P P P P P Home occupations. A A A A Joint driveway use between adjoining property owners. C C C C Licensed day care facility serving 12 or fewer persons. (16) P P P P Licensed day care facility serving more than 12 persons. C Licensed group family day care facility serving 14 or fewer children. P P P P Living quarters for persons employed on the premises. A Manufactured home park. C Multiple-family dwelling. P Multiple-family dwelling with up to eight units per structure. P Non-city governmental and public regulated utility buildings and structures necessary for health, safety, and general welfare of the community. C Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right-of-way and front on the same public right-of-way. C C C Operation and storage of such vehicles, equipment and machinery, which are incidental to the permitted or conditional uses allowed in the district. A Other accessory uses as determined by the Zoning Administrator. A A A A Playgrounds, athletic fields, recreational areas, and parking areas. P P P P P Private garages, carports, and parking spaces. A A A A Private swimming pools, tennis courts, and private recreational facilities operated for the sole use and convenience of the residents and their guests. A A A A Public parks and playgrounds. P P P P P Publicly owned and operated facilities. P 35 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 23 Recreational facility, indoor. C C C Recreational facility, outdoor. C C C Recreational vehicles and equipment. A Religious facility/ place of worship. (35) C C C C Roof-mounted solar energy system. (50) A A A A A Shared family living arrangements. A A A A Signs as regulated by 9.106. A A A A A Single-family dwelling, detached. P P P P School, public or private, K-12. (39) C C C School, vocational or business. (40) C State licensed residential care facility serving six or fewer persons. (36) P P P P State licensed residential care facility serving 7 to 16 persons. (36) C C Temporary construction buildings. A A A A Town home dwelling with up to eight units per structure. P P Two-family dwelling. (45) P P P Twinhome dwelling. (45) P P P 1. COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS A = Accessory Use C = Conditional Use P = Permitted Use PUD = Planned Unit Development Numbers indicate additional conditions for approval of use which can be found in City Code 9.107 Specific Development Standards (C) ZONING DISTRICTS LB: LIMITED BUSINESS GB: GENERAL BUSINESS CBD: CENTRAL BUSINESS I-1: LIGHT INDUSTRIAL I-2: GENERAL INDUSTRIAL USE CLASSIFICATION Accessory building. A A A A A Accessory Tobacco Retailer P P P P P Adult entertainment use. (1) C C Animal kennel and/or shelter. (2) C C Arcade. P P Assembly, manufacturing and/or processing. C P P Auditorium/place of assembly. P P Automobile convenience facility. (3) P Automobile and motorcycle repair, minor. (5) C C C Automobile and motorcycle repair, major. (4) C C Automobile and motorcycle sales/rentals, new. (6) C Automobile and motorcycle sales/rentals, used (in building). (7) C Banquet hall. (47) C C Barbed wire fences. (8) C C Bed and breakfast home, when accessory to a single-family dwelling. (9) C Billiards hall. P P Body piercing shops. P P Bowling alley. P P Brew pub. (46) P C 36 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 24 Brew pub, not exceeding 2,000 barrels of malt liquor a year. (46) C Brewer taproom. (46) P C P Brewer taproom, not exceeding 2,000 barrels of malt liquor a year. (46) C Car Wash. (10) C Caretaker’s residence. A Clinic, medical or dental. P P P Clinic, veterinary. P P P Club or lodge. P P Community center. (12) C C P P Concrete, asphalt or rock crushing operation. (11) C C Congregate living facilities, including rooming houses, group living quarters, nursing homes (27), senior housing, assisted living facilities, transitional housing and emergency housing (44). C Consignment/secondhand store. (13) C Currency exchange. (14) C Day care facility, adult or child. (15) P Drive-up facility. (17) A A Drop-in facility. (18) C Fences greater than six feet in height. A A A Fences greater than seven feet in height. A A Financial institution. P P Firearms dealer/shooting range. (20) C Food service, convenience (fast food). (21) P P Food service, limited (coffee shop/deli). P P P Food service, full service (restaurant/nightclub). P P Freight terminal. (22) P P Funeral home. (23) P P Ground-mounted solar energy system (accessory use). (51) A A A A A Ground-mounted solar energy system (primary use). (51) P P P P P Government maintenance facility. C C P P Government office. P P P P P Government protective service facility. P P P P P Greenhouse/garden center. P Health/fitness club. P P Health/fitness clubs, not exceeding 4,000 gross square feet in area. (48) C Hospital. (25) C C Hotel or motel. C P P Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30% of the floor area. A A Laboratory, medical. P P P P Landscaping and other horticultural uses. A A A A A Licensed day care facility, child or adult. (16) C P Liquor store, off-sale. P P Maintenance facility. P P Motor vehicle parts store. P P P Museum/gallery. P P P 37 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 25 Multiple-family dwelling. P Single and Multiple-family residential, when located above a first floorstreet level commercial use. (26) P Off-street parking and loading areas. A A Office. P P P P P Office/showroom. P P Office/warehouse. P P Outdoor sales or display. (28) C C C C Outdoor storage. (29) C C C C Parking ramp. P P P P Pawnshop. (30) C P P Precious metal dealerships. (31) C Printing/publishing. P P P P Private garages, carports, and parking spaces. A A A Private swimming pools, tennis courts, and private recreational facilities operated for the sole use and convenience of the residents and their guests. A Public parks and playgrounds. P P P P P Recreational facility, indoor. (33) C C C P P Recreational facility, outdoor. (34) C C C P P Recreational vehicles sales, new. (32) C Recreational vehicles sales, used (in building). (32) C Religious facilities/places of worship (35) C C Retail sales. P P P P P Roof-mounted solar energy system. (50) A A A A A Salvage operation/transfer station. (38) C C Seasonal sales stands. (49) A A A Self-service storage facility. P P Service, professional. (19) P P P School, performing/visual/marital arts. (41) C P P School, vocational or business. (40) C P P Shopping center. (42) P Signs as regulated by 9.106. A A A A A Single-family dwelling, when accessory to a commercial use. C Smoke Tobacco Product Shops (43) P P P P P State licensed residential care facility, correctional. (37) C C State licensed residential care facility. (36) C Studio, professional. P P P Studio, radio and television. P P P P Tattoo shops. P P Temporary construction buildings. A A A A A Theater, live performance. P Theater, movie. P Warehousing and/or distribution. P P 38 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 26 Section 4 The following language for Specific Development Standards is added, amended and deleted as provided in Section 9.107 of the City Code of 2005, is hereby established to read as follows: (35) Religious institutionfacilities/places of worship. (a) The facility shall be served by a minor collector or higher functional classification of roadway. (b) The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint. A transportation management plan shall be submitted to address off-street parking, traffic control, and the impact of the facility on surrounding roadways. (c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborho od. (d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood . (e) All accessory residential, school or day care uses shall be subject to the provisions of this article. [Text not shown remains unchanged] 43) Smoke Tobacco Product shops. (a) The smoke shop Mmust have an entrance door opening directly to the outdoors. (b) Greater than 90% of the business’s gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. Shall share no wall with, and has no part of its structure adjoined to any other business or retailer, unless the wall is permanent, completely opaque and without doors, windows and pass-throughs to the other business or retailer. (c) A tobacco department or section of any individual business establishment with any type of liquor, food or restaurant license shall not be considered a smoke shop. Shall share no walls with, and has no part of its structure directly adjoined to another tobacco retailer. (d) The total number of city-issued smoke shop licenses shall at no time exceed five. (de) Any existing tobacco productsmoke shops at the time of the passage of Ord. 1570 1720 shall comply fully with the ordinance by December 31, 2010January 1, 2026. 39 Item 2. City of Columbia Heights – Ordinance No. 1725 Page 27 First Reading: 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 40 Item 2. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) COUNTY OFANOKA ss I do solemnly swear that the notice, as per the proof, was published in the edition of the BSLP Col Hght Frid Life with the known oflice of issue being located in the county of: ANOKA with additional circulation in the counties of: RAMSEY and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 02/20/2026 and the last insertion being on 02/20/2026. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 02/20/2026. Notary Public LORI LYNN PETERSON NOTARY PUBUC-MlNNESaTA M, 3q)iresJan31,2026 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $27.40 per column inch Ad ID 1519006 CITY OF COLUMBIA HEIGHTS PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Coiumbia Heights will conduct a public hearing in the City Councii Chambers of City Hail at 3989 Cen tral Avenue NE on Tuesday, March 3. 2026, at 6:00 p.m. The order of business is as foliows: A request for a Zoning Text Amendment from the City of Co iumbia Heights proposing to amend City Code Chapter 9 - Land Use; specificaiiy, 9.103 Definitions, 9.105 Nonconformities, 9.106 Gen eral Development Standards, 9.107 Specific Development Standards. Section 9.104 (F) of the Zoning Ordinance requires the Planning Commission to hold a public hear ing on the zoning amendment and make findings before submitting a recommendation to City Councii. Notice is hereby given that ail persons having an interest will be given an opportunity to be heard. For questions and a full description of the zoning amendments being proposed, please contact Ursula Brandt, City Planner, at (763) 706- 3673. Published in The Ufe February 20,2026 1519006 41 Item 2. PLANNING COMMISSION AGENDA SECTION PUBLIC HEARING MEETING DATE MARCH 3, 2026 ITEM: Comprehensive Plan Amendment for 4300 Central Avenue from Commercial and Park to Transit Oriented Development Presented by: Ursula Brandt, City Planner DEPARTMENT: Community Development BY/DATE: Ursula Brandt, City Planner 03/02/2026 Rita Trapp and Kendra Ellner, HKGi Consulting Planners, 02/25/2026 CASE NUMBER: 2026-PZ02 APPLICANT: The City of Columbia Heights DEVELOPMENT: N/A LOCATION: 4300 Central Avenue NE REQUEST: Comprehensive Plan Amendment PREPARED BY: Ursula Brandt, City Planner Rita Trapp and Kendra Ellner, HKGi Consulting Planners, 02/25/2026 BACKGROUND: The City of Columbia Heights is initiating a Comprehensive Plan Amendment for the property located at 4300 Central Avenue NE. The proposed amendment would reguide the site from “Commercial” and “Park” to “Transit Oriented Development.” The 13‑acre property is currently vacant other than a stormwater pond to the west. Over the years concepts that are being explored for the site have included a mix of commercial and residential uses. However, the current guidance of “Commercial” does not allow for any residential uses of the site. The intent of the Comprehensive Plan Amendment is for the future land use designation to facilitate potential redevelopment of mixed-use on the site. The stormwater pond is included in the Comprehensive Plan Amendment as it may be relocated as part of a development project. SUMMARY OF CURRENT STATUS - SITE CONTEXT: From the late 2000s through the early 2010s, this property operated as a shopping center and was home to a variety of businesses over the years, including the last establishments being: Rainbow Foods, Slumberland, Ace Hardware, Dollar Tree, and Meineke Car Care. By 2015, the property had fallen into disrepair and was not well maintained, leading many of the businesses to close. In 2016, the site was purchased by Hy-Vee. The City worked closely with Hy-Vee’s development team to create a framework for a Tax Increment Financing (TIF) district to support redevelopment; however, ultimately no project moved forward. In 2021, the property was sold to the developer Alatus, who proceeded to demolish the remaining structures and clean up the site to prepare it for future redevelopment. The City utilized the Tax Increment Financing 42 Item 3. Page 2 (TIF) framework previously developed with Hy‑Vee to begin mortgage‑bond structuring and contract negotiations with Alatus. Since then, Alatus has been evaluating a range of mixed‑use development concepts for the site. The concepts have considered incorporating apartments, commercial-uses, single‑family homes, and townhomes or rowhouses. At this time, there are no formal plans or upcoming development applications. The future project is also expected to address stormwater, sewer, sidewalk, and roadway improvements as there are major infrastructure improvements needed in the surrounding neighborhood. When a formal redevelopment proposal comes forward it will likely require a rezoning and additional land‑use approvals. Updating the Comprehensive Plan future land use guidance is an essential first step to enabling a viable redevelopment pathway. Comprehensive Plan Amendment Request The City’s current 2040 Comprehensive Plan guides the eastern portion of this property for “Commercial”, limiting the site only for nonresidential uses such as retail, office, and service-oriented businesses. To make future mixed‑use redevelopment possible, the City is proactively initiating this land‑use guidance change to “Transit Oriented Development”. The proposal to reguide the site as “Transit Oriented Development” will allow significantly greater flexibility for the opportunity for both residential and commercial uses. Areas guided as TOD have an expected mix of uses of 85% residential and 15% commercial and a density of 25 to 65 units per acre. The site is well‑suited for a reguidance to a TOD designation, as several properties along the Central Avenue corridor are already guided similarly. In addition, the corridor is slated for a major MnDOT‑led reconstruction project proposed for 2028, which may include the planned F‑Line Bus Rapid Transit (BRT) route. These factors combined with evolving market conditions, and the property’s long‑term vacancy provide the support for a Comprehensive Plan Amendment. Providing greater land ‑use flexibility will help facilitate redevelopment, strengthen the City’s tax base, and introduce new residential and commercial activity. Forecast Amendment and Subsequent Technical Changes The land use change may necessitate technical changes related to wastewater, trip generation, and other key plan elements. These tables spread throughout the plan will be updated and associated implementation measures identified based on the impacts. Any necessary improvements will be development driven or completed in conjunction with other planned infrastructure improvements. Public Involvement City Community Development Staff along with HKGi held a neighborhood meeting on February 18, 2026 at 5:30 pm at the library to share the proposed amendment to the 2040 Comprehensive Plan. There were around 10 participants that attended the presentation and there was an opportunity to join the meeting online to ask questions. The following questions and concerns raised from the neighborhood meeting are summarized below:  Concerns regarding necessary improvements and maintenance to the on-site stormwater pond, surrounding neighborhood flooding, and infrastructure issues that are requested to be heavily considered as part of future development proposals.  Clarification on the details for the Transit Oriented Development designation.  Concerns about the size and quantity of apartment units. 43 Item 3. Page 3  Concerns about increase in traffic and access management onto Central Avenue especially if apartments are proposed. Subsequent to the meeting, a two-question public survey, the neighborhood meeting presentation, and Planning Commission public hearing information were made available on the City’s website; along with an informational post on the City’s Facebook page. While the Facebook post generated more than 250 comments, as of February 25, 2026, only 46 responses have been received on the survey. Overall, many respondents expressed concerns about the proposed Comprehensive Plan Amendment allowing residential uses on the site. A common sentiment has been that the City already has a sufficient number of apartment developments, and that additional apartments would worsen traffic patterns. The preference is for maintaining the property as a commercial use, particularly for a grocery store, indoor recreation, or other retail‑focused uses. SUMMARY AND RECOMMENDATION Staff acknowledge the concerns raised by the community and have been carefully evaluating potential impacts. If the property were to retain its commercial future land use designation, it may remain undeveloped for several more years, as the market does not currently support stand‑alone nonresidential uses without the density provided by adjacent residential. There is a well‑documented housing shortage in the Twin Cities, and the concepts have focused on incorporating a mix of housing types to help meet the community’s diverse housing needs. This site is well‑positioned for increased residential density, given its planned transit access and location within an already walkable corridor. These factors make the proposed redevelopment a strong fit for the area and could help facilitate a more viable project in the near term. Additionally, the development would address both onsite and surrounding neighborhood infrastructure needs. In order for the City to amend its Comprehensive Plan, a public hearing is required to be held by the Planning Commission and a recommendation forwarded to the Council. The plan must also be submitted to affected jurisdictions including adjacent communities, school districts, watershed commissions, county and state agencies. These agencies are to be allowed to review the amendment and provide comment prior to the City submitting the plan to the Metropolitan Council. Following review by the City Council, the plan amendments are submitted to the Metropolitan Council for review of its compatibility and conformity with the regional system plans. Upon a favorable review by the Metropolitan Council , the City Council puts the amendment into effect. STAFF RECOMMENDATION Staff recommends approval of this Comprehensive Plan Amendment to reguide the properties at 4300 Central Avenue NE from the current future land use of Commercial and Park to Transit Oriented Development. RECOMMENDED MOTION(S): 44 Item 3. Page 4 MOTION: Motion to waive the reading of Resolution 2026-018, there being ample copies available to the public. MOTION: Motion to recommend the adoption of Resolution 2026-018, a resolution for City Council approval of the proposed land use designation of the properties at 4300 Central Avenue to Transit Oriented Development. ATTACHMENT(S): 1. Resolution No. 2026-018, Comprehensive Plan Amendment for 4300 Central Avenue 2. Future Land Use Existing and Proposed Map Change 3. Affidavit of Pubic Hearing Notice 4. Survey Comments 5. Email Comments 45 Item 3. RESOLUTION NO. 2026-018 A resolution of the City Council for the City of Columbia Heights, Minnesota, recommending approval of a Comprehensive Plan Amendment for the properties generally located at 4300 Central Avenue NE, PID numbers of 35-30-24-11-0083 and 35-30-24-11-0084, in the City of Columbia Heights, MN; A proposal (Planning Case # 2026-PZ02) has been submitted by the City of Columbia Heights to the City Council requesting approval of a Comprehensive Plan Amendment at the following location: ADDRESS: 4300 Central Avenue NE, Columbia Heights, MN 55421 for properties with PIDs of 35-30-24-11-0083 and 35-30-24-11-0084 LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Comprehensive Plan Amendment map change from Commercial and Park to Transit Oriented Development. The City distributed the public hearing notice on February 17, 2026, to all affected properties within 350 feet of the site and to the local Life newspaper for publication. The public hearing notice was also posted on the City website and the electronic bulletin board in the foyer of City Hall.; The City also held a neighborhood meeting on February 18, 2026, to present the proposed amendment and solicit input. The City posted the neighborhood meeting information about the proposed amendment on the City website and solicited input via an online survey; The City distributed the proposed Comprehensive Plan Amendment for adjacent and affected jurisdiction review on February 27, 2026; The Planning Commission held a public hearing on March 3, 2026 and considered all public comments; The City Council has considered the advice and recommendations of the Planning Comm ission regarding the impacts of the proposed Comprehensive Plan Amendment upon the health, safety, and welfare of the community, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of Columbia Heights, Minnesota, preliminarily approves the proposed Comprehensive Plan Amendment and directs Staff to submit the proposed amendment to the Metropolitan Council for review after the conclusion of the 60 -day 46 Item 3. adjacent and affected governmental review period as long as no significant comments of concern have been identified by other jurisdictions. Passed this 9th day of March, 2026 Offered by: Seconded by: Roll Call: Amáda Márquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary 47 Item 3. 48 Item 3. 49 Item 3. 4300 Central Ave CPA Survey Comments through 2/26/2026 Page 1 4300 Central Avenue Amendment to 2040 Comprehensive Plan Survey Comments through February 2 6, 2026 Question 1: Do you have any concerns or questions about the proposed changes to the City ’s Comprehensive Plan or the process?  I want to ensure that there is enough parking for those shopping and living in the new development.  No  I just want whatever is along 65 to be friendly and accessible. We have a strange flow of so many businesses and it is not calming.  what would the proposed "transit oriented development" look like? and why would the rainwater pond need to be eliminated for that? 🤔  Yes I submitted an Exhibit to Ursula and the City manger to share with other departments for myself, many other residents. Just open all since 2021, print and put in file. Make corrections promised for 27 years as other development dollars were being spent on other projects and many redirecting water flow to us when we paid for these when our issues were Health, safety dangers. Then remove the FEMA X flood plan X that reduced the value of our homes that was initiated in 2021. Promises made at every level of the city, now it is time to keep those promises on our project. My home has never had 1 drop of Poopy water or any water but my home was made FEMA X flood plain 5 with no legal notification before, when temporary or final now. Fix issues and take off FEMA X flood plain rating my home has never had in the abstract papers or reality. Only when it was dirt roads with no sewers was there a problem in the 50's and early 1960's. No meanness intended ever, we want nice new area and appreciate all you do for us. It's time now to fully/robustly fix this. I cannot keep cleaning out 7 sewers every week of trash, wood or the weekly trash pick up I do at the entire site as it flows into our street drains because owner does little to nothing and 44th parking lot drain is plugged and forces massive feet of water back to 43rd. Then feet of water sit there for months, Health issues. Thank You.  I have concerns that ample parking will be available for ALL residential occupants. I have concerns regarding the Traffic congestion that could occur at the intersection of 44th and central  Mixed use zoning sounds fine but avoid putting one single entrance at central like the previous plan showed. That would make traffic on Central worse. Plus, as we’ve seen with the ICE behavior the past few weeks, multiple entrances or exits are safer.  Enthusiastic about the space being renovated. Concerned about traffic flow in and around the space, both for pedestrians and vehicles.  Columbia Heights already has way too many apartment buildings. this will just be another ugly building like the one on 40th, that the city offices are now housed in. How about making that area into a fabulous park? or Single family residential only?  I think this is a great idea. CH needs this infrastructure  I fear that too much housing along this corridor here will make traffic bad. Please put a grocery store here.  "affordable" housing, absolutely not. We already have enough of those types of apartment buildings. I would welcome SENIOR ONLY housing there with some grocery or retail stores there. 50 Item 3. 4300 Central Ave CPA Survey Comments through 2/26/2026 Page 2 NO family members of the seniors or kids allowed. They could pose a threat to other residents. I saw what happens if these types of units are allowed. I worked for Minneapolis for 33 yrs. I've seen and heard what can happen.  Yes  I like it so far  No, we are just worried turning the whole lot into housing means the space won’t be used to its full potential. There is a lot of space and I feel like there is room to welcome members into our community with housing but also to strengthen the pre-existing community with business or lifestyle opportunities.  I am concerned about traffic flow; needs to have more than 1 entrance/exit (ideally, on on each side, excluding central) and having a way to mitigate back-ups at the light on 44th. Parking should be underground to allow for some green space.  I am concerned about the building codes for the new development - what is our city's current emissions goals and how do new development projects help us reach those goals? Can we require new buildings to meet certain standards for efficiency, renewable energy, smart designs to reduce heating/cooling/lighting needs, stormwater retention, etc?  How can we use this space to benefit the community and promote commerce. Build revenue and support our community. How will "affordable housing" really be affordable?  I don’t want it to be something where people who don’t respect the community come in and tear the community down.  With it being more of wetlands, how are those issues going to be addressed with any building(s) you put there? What will be the cost to upkeep it?  Large, bland, cookie cutter homes and apartment complexes, are not representative of columbia heights and its population, and will be both an eye sore. I believe there is better options such as local businesses below and condos above, take west 7th street st paul for example, or alot of architecture in west duluth mirrors this as well.  I have concerns about so much affordable housing and making us not friendly for starter families due to the over crowding  Lack of shopping. Management of Jackson Pond water catchment. Risk to housing  Not questions, just suggestion which is probably too late... lived in Columbia Heights for 30+ years. A Wal-Mart would've been perfect this area. Theres enough space for both the building and parking. Central Ave would become an even bigger hotspot, creating more jobs, more residents, more traffic, and residents wont have to drive to either Coon Rapids Wal-Mart or Roseville Wal-Mart.  No  There should only be commercial properties on this lot. There should not be housing. There needs to be some type of grocery store, not more places for people to live.  Yes! Please don't leave the bill for this on the backs of tax payers. We're suffering hard under the increases to property taxes, utilities, and basically everything lately. I'd rather see a vacant lot than more bills. Our economy is in the crapper, and expanding new residential right now that won't be more affordable housing is going to leave all of us with people moving out of the city due to rising rates!! 51 Item 3. 4300 Central Ave CPA Survey Comments through 2/26/2026 Page 3  Yes - I’m concerned about the additional housing. I’m not opposed to some new housing, but that area is already super congested and the nearby road systems aren’t set up for a high volume of additional cars. PLEASE no more smoke shops or CBD shops.  I am a major proponent to increasing density. Outcomes from high density projects far outweigh the fears. I also think affordable home ownership should be considered through condos and townhomes. This is coming through over a decade of urban planning and urban architecture research.  I wouldn’t want to see any living arrangements in this area. There’s plenty of people who already roam our streets and litter on our lawn, nearly killing our pets. Additional townhomes or residential complexes will only saturate the area, cause loud disturbances even though we already have crime and police around the area constantly, cause immense traffic, and wildlife may be impacted. I’d like to see something that will not pollute the area, cater to nature, remain calm and quiet, etc.  Just that it will be high density. I would prefer it to stay commercial or at least medium to low density with mixed use.  No, thank you for all that you do!  No, thank you!  I'm fine with changing the zoning. Waiting to see what actually gets proposed.  Yes, no large grocery store  no  I live on QUINCY ST - NB one-way. If you add hundreds of rental units, my street will be a freeway of traffic. What happened to replacing the GROCERY STORE that was promised? NO MORE RENTERS. They have no pride in their property OR their community. Leave Columbia Heights like it WAS when it was safe for kids.  Yes, i have concerns. I do not want anymore housing. We need businesses, what happened to hyvee?  We do not support adding any additional housing, including apartments or condos. Columbia Heights is already congested, and increasing residential density would only add more traffic and strain to our neighborhood. This is not the direction we want for our community.  More housing we can't afford, screw that.  N/A  We have enough low income housing in the city. With growth in NE Minneapolis many people will be willing to live in this area but currently it doesn’t have amenities that people want other than car repair shops.  No more rental property please! We have enough!  We don’t need more apartments that people can’t afford with no parking.  Yes!  No more low income housing, we have enough already plus the crime  Please, NO MORE affordable “apartments”/housing. WE HAVE ENOUGH. The middle class houses around 43rd and 44th would look out of place. Do what you did between 46th and 47th up by the high school. More houses. OR find us a grocery store , so the community has a place of its own to shop.  Will this make our taxes. Increase? So many can't keep up with higher taxes!!!! 52 Item 3. 4300 Central Ave CPA Survey Comments through 2/26/2026 Page 4  I am not opposed to apartments, however it's important to look at trends and demographics to avoid apartment owners from lowering standards when vacancy's trend upward due to competitive market with neighboring cities. Fridley offers a significant number of modern rental units. The plus for this location is access to buses assuming public transportation is desirable. The area on Central Ave is already an issue for pedestrian traffic. Affordable senior one level units may draw and interest similar to Cottages of Spring Lake Park. Keeping the aging population in the city. The area would benefit with a reputable retail or grocery combination type store.  Concerns - too many people in that space with proposed housing - needs enough parking so side streets nearby don’t get too crowded - will slow up traffic greatly along central there  No Question 2: What would you like to see included in future development on this site?  Green space and I hope a full service grocery store and hardware store can be part of it. A community center would also be great.  We need affordable housing and parks keep them in the mixed use plan.  An art and/or sculpture park.  more green areas for the public, keep the rainwater pond for the natural beauty and for the many backyard animals of this area. i wouldn't want to see more condos, expensive apartments or single-family homes in that space — it should benefit everyone from the community. a small grocery store would be great and accessible to many more people via the transit system off Central — perhaps with the ability to set up a Farmer's Market during the growing seasons?  Small gym, Food store, security cameras, safety electronics, parking, much larger, deeper pond for 3X to 10X health/safety issue to easily handle any 100 year storm we get 1 to 3 times a year. Proper equipment with gentle least invasive demo/construction methods to not put cracks in our homes walls/foundations/sanitary sewer lines. Xcel wires with actual insulation on lines to stop power surges when slight breeze causes arching. See My email EXHIBIT:) Place for kids to play, no hangout areas for problems. Top floor suites for purchase with roof feature like 1/2 grass, entertaining area, shallow pool, balconies, no guns allowed, built in LED lights in crown moldings in ceiling save alot of energy and larger living area with no lamp tables needed, cement floors are cheap, beautiful, low up keep if any, All water directed to 44th ave., No religious or political areas/shops/use. Peacefulness.  Sufficient underground parking for residential occupants and improved traffic management at 44th and 43rd and central ave for the increase in resident population in this area  Please prioritize some green space along with the stormwater area. A small park space or native grasses and pond space like at Prestemon Park would be nice is space allows, or at least something with a walkable path for the community. I know the grocery store idea got the previous plans stalled, so maybe don’t hinge the whole idea on that. Affordable housing is important.  Mixed use retail, affordable housing (single family, small apartment buildings, townhomes) public green space and good walkability.  Open spaces, park features  I would love to green space but also space for more businesses to come to CH. And, any housing be considered for low-income residents as well. 53 Item 3. 4300 Central Ave CPA Survey Comments through 2/26/2026 Page 5  A grocery store! I would love to see a Trader Joe's. Maybe a green space too. That part of Central is ugly and needs a little natural life.  We could also just use just retail shopping there. Why should our taxes and business go to St. Anthony or Fridley?  Food truck park  I would like mostly Single-Family House, with possibly one row of townhouses  YMCA!! Plus with it being so close to the school, it could be a great resource for the schools too. A grocery store (not a Walmart or Target like home goods AND grocery store). Maybe a spot for a new local restaurant or other business? I think the original plan of having businesses on the bottom and condos above is a way to appease the needs of needing additional affordable housing while also offering more lifestyle options to the community.  Green space and retail on the 1st floor.  I am excited to hear about the broader interest that MWMO is taking in our city regarding storm water and where it goes afterwards. This is my highest concern about the development site. Having low and high density housing is a great idea. We're excited about a new green space (whether or not it has a playground, though a kid space would be nice). I am particularly interested in the buildings being mindful of emissions and renewable energy. The library is a beautiful example of permeable paving, solar panels, and increased green space (especially trees and native plants) in view of residents.  Community center for sports and recreation capable of hosting indoor track and field with multi surface versatility to host volleyball, basketball and potentially batting cages for softball/baseball. The state has no unaffiliated track and field center. And we have harsh winters and icky springs. This would be a place for community development. With academic support and low membership fees, this could be a great place for our families to get support. It just needs to be managed well.  I would like to see some kind of grocery store maybe it could be like Lunds downtown and have the grocery store/coffee shop on the bottom and the senior apartments on top. It would also be nice to have some sort of general medical clinic or urgent care.  Why don't we turn it into a dog park or a green acre space to help control part of the water overflow that happens every year? Utilize the wetlands as it was intended to be.  I would like to see priority on pre-existing residents and surrounding areas to have better “amenities” in heights such as better maintained parks, more public grounds for people to meet, more necessary local businesses like a clinic, as well as more ecofriendly development  I think housing is ok - more green space - something the city can be proud of. Right now there is nothing for heights to be proud of.  Shopping. Esp. Groceries.  A Wal-Mart in Columbia Heights.  Grocery store.  Grocery store, possible HyVee. Not housing.  A bigger co op than the one on central with bigger parking for vehicles like trucks. Community garden. Dog park. Really nice park with a nice skating rink paid for the community in the winter with lots of lights  Maybe a park, try and leave some nature spots open. I really don't want more expensive housing going in, and increasing costs for everyone around it!  A large green space - Heights is sorely lacking in this area. And a grocery store - HyVee would have been great, but if not a Trader Joe’s or Fresh Thyme, or Coburns - the nearby community really has only Aldi, and that’s pretty limited. 54 Item 3. 4300 Central Ave CPA Survey Comments through 2/26/2026 Page 6  I am a major proponent to increasing density. Outcomes from high density projects far outweigh the fears. I also think affordable home ownership should be considered through condos and townhomes. This is coming through over a decade of urban planning and urban architecture research.  Preserving nature or promoting sustainability and environmentally conscious choices, that would positively influence nature and not disturb existing residents in the area. We don’t need more residential buildings causing more policing and patrolling in insecurity.  The possibility of Jackson Street to run through from 43rd to 44th. I see the pond as a needed park with single family houses along the east side facing a new Jackson Street block. Townhouses would also run along the east side of the new street with retail sharing the alley between Jackson and Van Buren. Mixed use with apartments and retail along Central. Also since we have an Aldis, could you lure Trader Joe's into the retail anchor?  Would love a community center in Columbia Heights!  Trader Joe’s!  Make sure there is enough parking for residents, shoppers, and guests. I'd love a pond with sidewalks to walk around and a playground. Shopping and residential is a nice mix.  COMMUNITY CENTER with skate park and official soccer field  honestly just a garden in the middle to give it a sort of beauty of human designed architecture  Grocery Store, small local Hardware Store. WHAT WAS THERE BEFORE.  I would like to see any businesses, especially a grocery store, but NO more apartments or housing.  We would like to see A community center, with an indoor playground. I have seen every city has there community center and we don’t have one. A big grocery store like Walmart or Trader Joes. We would love a Dunkin Donuts also stores like At home, Home Goods, or Tj Maxx. Music stores, better options for fast food restaurants like Chick fil A, Portillos, Raising Canes, Panda Express.  A skate park + soccer / pickle ball courts  I would LOVE to see a community center with a swimming pool and gym. Currently we (and many other families) have to drive to Fridley for an expensive gym. We would *love* to keep that money in CH and have a gym we could walk/bike to. Many young families we are friends with are taking this into consideration regarding which suburb to move to. Additionally, would love to have even a small dog park area outside the community center for quick fetch opportunities on walks, and the inclusion of native plants & a fountain around/in the storm water pond would be delightful. Thank you for considering these options!!  A nice mixed use building. Retail on bottom, upscale or market rate housing above and a large parking garage underneath. This is still Minnesota and we are car dependent. Think big and that growth will spread to other areas.  Park with walking trails, dog park, place to have concerts and food trucks to park. A town square. A place to have an art fair or winter carnival. No more low income housing or rentals!  New restaurants, a co-op grocery store, or other small business we can support as many of us would be in walking distance making it easily accessible to those without cars  Grocery store This site has been empty far too long. A complete eye sore in my opinion!  A decent grocery store with maybe apartments above like the new city hall  Grocery Store and single family home that fit the neighborhood. Not affordable housing or apartments ~ PLEASE !!  Arby's and a quick trip, or a good American diner. Family orientated! Lower our taxes please! 55 Item 3. 4300 Central Ave CPA Survey Comments through 2/26/2026 Page 7  It would be nice to have stores and small businesses on street level. A sitting area and shops on the lower level on the back side. We need more places for community to gather so a small park area as well as single level townhomes.  Enough affordable parking on site so side streets do not become taken. A park/play area for children onsite A grocery retail space onsite  I think mixed use is important. I do think that some combination of retail and residential would be ideal. As a young family with many friends from Northeast considering moving here, I think that developing with young families in mind is paramount. I would love to see a Trader Joe’s or Co-Op grocery. Perhaps a couple of small retail shops with reasonable rent for startup local businesses or shops. And apartments located above these with a small park space in back. Native plants surrounding the storm water pond. 56 Item 3. Comments received through Email 2/26/2026 Please share this with Mayor, Council, City Manager, City Engineer, Other planning entities at the City and any other entity on project. I am trying to gently save time and yet have the concerns each fully understood for the Legal Hearing. I spoke to the City Clerk and she said to send this today to be included as an EXHIBIT to the permanent file for the Hearing on 3-03-2026, Tuesday at 6pm, (PID: 35-30-24-11 -0083) instead of bringing a hard copy to the Hearing. She and others said it is the same. So please open each email in this chain since 2021 so it is clearly understood and no part is over looked, please, print and put in the permanent file for the hearing minutes as input for many people in the affected area. There are still a small amount of items that others have concerns about when the time comes, we will cover those in the future. Thank You for all you do for us, Matthew G. Sherin 2/19/2026 In the 2-18-2026 meeting it was stated by 2 or 3 presenters that Jackson Pond was many times referred to as Lake Columbia Heights and 1 man added it was the lowest point in Columbia Heights. I stated Sullivan Lake and the oldest home in Col. Hghts was the same. No answer was given. The elevation for Jackson Pond and my home is 920 to 900 which iis the same elevation as Sullivan lake park and farm house. There are also other areas that are 850 (lower) on the western slope of the city, which is why gravity allows water to run down to the river in underground systems. Much of the current problems are from redirecting water flows and added hard surfaces and added sanitary sewer load from newer constructions implemented by the city projects. Columbia Golf Coarse was Sande lake until until it was drained and that is 820 to 840 elevation with no floating cars:) So it can be done at 900 to 920 elevation. In upper NE Mpls Norwegen hill St. Anthony Parkway all the way to Innsbrook past 694 and beyond it is a hill at 1000 elevation above Central Ave and lowers to 950 to 900 all along the entire Hwy 65. So Jackson Pond had no storm sewers and just dirt roads until the late 1955 to early 1960 when road pavement, sanitary sewers and storm sewers were installed. This is why the Sullivan farm house, the farm house on 45th and Quincy and many others had septic systems and wells. I have been around Heights since the late 1960's and early 1970's and not 1 person has ever ref erred to Jackson Pond as Lake Columbia Heights. It was actually the city DUMP site for appliances and anything you can think of for people from 10 mile area using it as a DUMP, as Sullivan Pond now lake 57 Item 3. was also used in this manor at a lesser rate after th e 60's and 70's. No meanness intended ever. We welcome nice new improvements. Just setting the facts straight for people. Please forward to city staff I have not included. Thank You, Matthew G. Sherin 2/16/2026 The new Jackson Pond and new sewer system robustness improvements must be tested for form, fit and function before disabling old Jackson Pond or Disaster will occur for many millions of dollars. There is no meanness intended ever. This is only for pulling as much of the areas concerns together in one place for the 2-18-26 meeting for ease of use for the city. Please copy the city council members, mayor, city manager, public works and any other staff of concern or value. The subcontractor who operated the 3 story crane/backhoe never used the standard technology of an jack hammer attachment, he banged the bottom of 3 foot square Iron bucket on 7 foot thick cement for 10 to 20 times before he broke off an 18 inch triangle of cement, so it took all spring summer and fall, for a 1 week job. This shook my house 2 homes away until there were fine fracture lines in my cement and plaster walls and stucco fractured and falling off outside in larger severity which was really bad and costly. Interior painting of every surface in the house was just done a few years before for $56K so very heart breaking. No CONTACTS available while happening, police said civil matter, city no CONTACTS or short or long term response. My extended family member owns one of the largest national and international crane and equipment companies. I could have had that jack hammer attachment here with in a hour or 2 days. This is what we are facing to out streets we paid for, damage with no way to call for help or issues to minimize any damages if not done in the least invasive way to our homes, streets, underground infrastructure for now and future reliability when they have packed up and left. I have owned my home since 1999, at closing I required proof of no water issues in writing which is in the papers. I have never had 1 drop of water in my basement, sewage, storm water, or topical water. I also had the automatic and manual shut off plastic valve installed on sewer after moving in. Homes 3 to 5 house up from 43rd to the south on Jackson, Van Buren and Quincy did have these problems. Some times up to many feet of dirty (poop) Sewage, storm sewer water and topical water. Some do not have crown grading around there homes. Slowly in the 26 years I got them all to install the same auto/manual plastic shut off valve the Star city and city paid for up to $375.00, Mine was $800.00 but the help was great. City Mayor Gary Peterson and others all did 58 Item 3. what they could with band aid fixes or Gary Peterson widened the Jackson pond. Keven Hanson and Gary Peterson incrementally helped if able on each of every catastrophe for these home owners each incident which were many. 4256 Jackson was the worst 4 or more time of gutting the entire basement, clean up and rebuild with city ins. help along with a bit from their home owners but much of their own cash. I finally got all of these home owners to insall said valve and 4256 even regraded the whole property and installed battery backup drain tile and sump pump in the whole yard and basement which helped 95% of the time. But with each additional redirection of water by the city planning additional buildings on 41st, 42nd, Labelle pond and runoff from Resevoir Blvd. It just caused more incidents and corrective actions by us and City. This continues for many of these homes in very small 1 to 4 inch amou nts at most on very heavy long rainstorms. Once 43rd fills at Jackson the cars will just barely float in a 100 foot long area of 43rd, then MONSTER truck guys race thru to show off and the waves go 5 or 6 feet up and into the back door of 4256 Jackson and it also flows down basement steps from this. Again my house has never had 1 drop and I live next door to them. I always helped each home owner. Please retain control and ownership of the Jackson pond, even if moved or moved underground as the owners of Rai nbow site are not taking reasonable care of the trash heap area. The fluid Hydraulic dynamics of these systems, storm sewer, dirty sanitary sewer water, topical run off and down from other redirected water flows from the city areas advance every time we so lve with an additional band aid. The mayor Gary Peterson, Kevin Hanson and many others promised That after all these other Buildings and Levi projects kept coming and going, that when it was our turn we would finally get the complete and total solutions/re solutions to these issues that would be so robust we would never experience such things again, when redevelopment of Rainbow site happens. We will find how the Dirty POOP sanitary sewer water is getting into storm sewer water and topical water and back pressuring so high it sprays out of toilet upstairs and hits ceilings filling main level of a few of the homes. This is a major league failure of the form fit and function of these systems. When I, we paid for Jackson and side ave. street rebuilds which was very expensive we asked for the sewer lines to our homes be donne as they dug up yard up to house for water and gas line but Gary Peterson said that will happen with comprehensive Rainbow site corrective actions. In the emails I sent in 5-11-2021 I referenced the volume and pressure in these 8 inch sewer pipes is designed for the 24 home on our street, NOT all the new Buildings that have been added, so please Follow standard engineering practices of 3X and 10X safety factor all systems are designed for. Where ever these cross over or T's to the storm to sanitary sewer lines are, they will be discovered and corrected when you change these few blocks to have 3 foot culverts instead of 8 inch Iron pipe that corrodes smaller inside diameter with every passing year as demand on them ramps up. The pond should also be # to 10 times deeper and or bigger and not be covered as this back pressure will shoot the dirty waters thru to break weak plastic shut off valves and our homes will be un inhabitable. The city says 44rd will take the extra sanitary sewer, and storm sewer load down 44th to river. But another bottle neck is at the 1 or 2 pumps that meet the culverts down 44th to the river. So we need to double the number of pumps, add an addition culvert or 2 down 44th that go around current and future pond pump connections to 44th culverts so the back pressure from all the new HIGH DENSITY apartments and shops and run off does not block the flow from the water exiting pond. 59 Item 3. Fisher Valves, Rosemount Inc. and many other companies offer pressure, temp and flow Valves controls, sensers, transmitters that communicate with them selves, radio, internet, phone, satellites to send signals to system or city worker when there is and issue. My friends spend 100 to 400 dollars on there lake cabins and it calls their cell phones on water alerts. All purchased from Home depot or online and they work. I was told during last over flow of pond that the current solar panel, red light and transmitter no longer calls city worker, so I have to go outside in the storms to look for red light and now the number to call is Anoka 911 non emergency number and they tell police, this took hours for a man in a new grey Ford Explorer to shoe up and stare at it for hours. I said 1 of the 2 remaining 3 foot sewer manhole covers in parking lot of Rainbow are cover with garbage, water 3 to 4 feet deep, just put those waders on and kick it out of the way so it will drain. He agreed he would do that and 10 minutes later drove slowly away. The water flooded over onto 43rd for days from this and the water was still there 3 months later. I pick up trash in 5 gallon buckets many Saturdays a month and it is mixed gross, booze 2 oz to 1 liter Tequela, beer, food, old clothes so it does not plug the 7 drains I am instructed to keep free and clear for all neighbors by Gary Peterson and other current city folks we appreciate greatly. 2 time a year when my bins are full and trash is so mixed with branches, leaves I have no room and am very disabled Senior so I ask nice lady at city and they will do it if they can. Even 2 inches of coverage over top of 2 or 3 of 7 drains stops early evacuation of water increasing risk. Before the 5-11-2021 email I got a flood map and none of our homes were in it per my homes abstract. Soon after email to all Lady city manager was unavailable for 2 weeks, county, started temporary flood risk dotted lines on some then all these properties. Then after she moved down south to be a city manager the County deferred to DNR which then had a SOLID RED LINE AND HUGE X FEMA FLOOD on each of our properties months later as finalized. My Home is a 5 when never 1 drop of water. Rental house to south of me with issues was only a 4, 4256 was a 6 rating, so these numbers don't mean to be to accurate for now but the DNR says it is Global warming in the future. This severely damaged my homes value but taxes, levi's keep going up beyond any other surrounding cities other than MPLS. We pay for storm sewer service, sanitary sewer service, Electric, gas, water and deserve normal reliable safe services, certainly there have been another set of service charges on gas and electric with 100% going to city starting this month. We have all watched 45 year old city building be replaced as we pay for them when our homes have the same issues at 75 years of age. So we have be waiting for these corrective actions in a strong robust way so we never have to work thousands of hours and hundreds of thousands of dollars to have properties that are on the verge of uninhabitable, uninsurable, unsalable, ass currently the home next door has been sitting empty and no one will buy it and the price is dropped about 60K since listed in sept. I/we have waited and paid taxes and services at the going rate so we now must have full final corrective actions to these long standing, long known about issues. Again I am thankful for our city workers and appreciate all you do for us, it is just time for focusing all you have on this and not just handing the hot potato of to a owner developer as I take more care of that site that they do so far. 3 or 4 people moved saying the city let them talk at meeting but they had zero confidence anything would be addressed for current property owners, so they left. How 60 Item 3. can making this a much more severe safety/health risk area for current owners and future new property owners and high density renters be a desired out come. The water is coming from all over the city from redirected water flow to down here, The city knew it in 1999 and at a higher level every year since then upon the events. That is why the promises were constantly forthcoming for the big fix when we have the money for Rainbow site like we had for our other big projects. The people who remain say let them do what they are going to do then we will have to sue them cause they will not listen as most get bog salaries and don't live in such a neighbor hood. So I am trying to remain positive, help with brainstorming, continual improvement efforts as I always have and bring this to a robust solution to make it safe and healthy and livable for all now and to come. I am a Senior Electro-Mechanical designer, modeler, inventor. So I can help with directives as I typically trainer several Masters degreed engineers every year along with material science, Nano Technology, Micro Machining, International procurement, Testing, proof of concept and design along with many other things I cannot talk about because of NDA's. Water systems were fairly cut and dry compared to other projects. I will try to attend the meeting on Wed. From 5:30 to 6:30pm at the Library but the important thing is to read each attachment and email chain as they explain 90% of what you may hear in the meeting. I am always only trying to help in the world never hurt. So we can discuss as anyone wishes. PS. Over 4 times City and excel has negotiated the new contracts including re wiring our end trunk line alley 3 main power lines with zero insulation on the bare metal lines that touch and arche every slight wind/breeze or storm and they were forced to do alley on 42 north 100 feet for cable guy as it was a 6 foot diameter oof rats nest snarl way up in the air, but Xcel stopped there and did not do the whole alley from 42nd to 43rd Jackson to Quincy as they also stated it may be added to Rainbow infrastructure dollars, even though the dollars have been set aside 2 times by Keven Hanson I have met with to many times to count over 26 years. Again, Long read but you will absorb all others input with ease by reading this 2 or 3 times then you will have 45% to 67% retention level at that point making it all so much easier. Thank You for everything you do for us, It is our turn for the FULL and COMPLETE CORRECTIONS funds we have been paying into for 3 decades of ASSURED PROMISES in these matters. IT IS TIME. We appreciate you, Thank You to all, Matthew G. Sherin 5/11/2021 This is in reference to input on construction projects on 42nd and 43rd to 44th with Jackson street, Van Buren street and Quincy Street. 61 Item 3. I am very hopeful and excited for positive growth in the area and mean no negativity by any of my following Data or brainstorming I share. Only positive. Please open and read all attachments I have sent in this chain to understand fully:) Minerva called at the very end of the day on Friday and alot went on so I just wanted to make this in writing as covid limits people in meetings and zoom calls have not been meeting my medical needs. I require Excel energy reliable electric service now additionally for necessary medical equipment and am on a special program for that. Over the 22 years here It has cost me over $150K in electrical surges and they just run me in circles with the Typical DDDDT which stands for Deflect, Deny, Delay, Defuse and when all else fails Trespass. Which is a ,management techniqu e. The lady at excel and all service men still never corrected my service issues and she does not return calls after promising to settle financially and technically. They will not install the whole house surge protector for $200.00 on their side of my meter as agreed because it will shut off power to house when juels are used up on surge protector and they would have to reset it as I am no electrician and this would also prove I am grounding a large portion of the block with my new 200 amp service and added grounds they forced me to pay for and IT WOULD LEGALLY PROVE MY DAMAGES. I DESERVE A SAFE RELIABLE SERVICE LIKE OTHERS. So with new construction on all sides there will be massive surges at my end trunk line. SO COULD WE INCORPORATE A FINAL CORRECTION TO THIS IN THE MULTI LEVEL PROJECTS ALL AROUND IN INFRASTRUCTURE. Such as Jackson st. sanitary sewer as well as Quincy and Van Buren back up because system is underated and damaged from big dump trucks going to 42 parking lot on our street for 15 years and this hurts sewer connections as street is so thin and not rated for that pounding. Also the same streets south of 43rd, 4 houses minimum at least experience the sanitary sewer and storm sewer backup into our basements 1 to 7 feet deep at times. There are a number of hidden old pipe issues and horrific topical water that floods down from way above Resevior Blvd for blocks and Labelle pond water from 39th to 43rd that fills our area. This pressurizes what is called HEAD effect on top of ground into and down below and into pipes of each of the 2 types of sewers and the water mix and back up in basements happens. Many times the water is 6 feet over the curb at the corner and cars are floating. The alarm goes off and we have to call the number on solar alarm wi th light flashing and guy says yup it is flooded, it will go down sorry and drives away. 62 Item 3. We also need new technology that was available when that was mounted years ago that is wifi to city or 2nd 3rd or 4th pump in new Constructions as either will over load our system here. Our block has 24 homes total or less on both sides combined and just 62 new units will over load that by 200% or 300% and we are at max. now. If You add the 300 or greater in old Rainbow site that is 1500% or greater, even if plumbed to 44th for sanitary sewer it will stop our 300% from passing in diameter of existing pipe especially in the STORM mode. THIS SHOULD BE ALARMING TO ALL INVOLVED. I have designed and worked on Electrical, electronics, plumbing, mechanical, instrumentation and control systems in every application my whole career. As Minerva said you could call other departments Matt and try to see what they say about this issue on this project. I mentioned I do not work for the city I am ill that is why I asked you to copy all on city for legal reasons. We have done many design iterations in the 22 years I have been here just to kind of make it ok for the last 4 years and this will blow it out of the water. Bandaids will no longer work with these massive numbers. This is the time for all to be tied together in these infrastructures and corrected once and for all I believe. It is the most and only cost effective time to do it and we must not have to pay again for our new streets that have neen damaged by the huge dump tru cks in the past and the ones to come soon. WE NEED A NUETRAL OVERSEEING, INDEPENDENT FIRM ABOVE CITY DEPARTMENTS CONTRROLLING INTERFACING THIS FROM START TO FINISH TO UNDERSTAND CURRENT CATASTROPHIC FAILURE MODES. THEN DO THE CALCULATIONS FOR FLOW, PRESSURE, PIPE/CULVERT DIAMETER, PUMP UPGRADES AND ADDITIONS POSSIBLY ALL THE WAY DOWN 44th AVE TO MORE MAJOR CONNECTION. AND VERIFYING THROUGH FAILURE ANALYSIS TESTING AND STATISTICAL ANALYSIS. Again; Sanitary sewer, Storm sewer, Electric surges/meltdowns, before beginning either project. Final note: if these 3 streets are torn up from April until November like last new streets with 3 to4 feet of water in them when it rains we have the head effect of all the weight of that water pressurize our foundations and pipes and it causes damage/flooding so please do the 3 streets asap after removing them. AGAIN I THANK YOU FOR ALL YOU DO FOR US. I AM ONLY TRYING TO HELP NOT HURT. WE APPRECIATE ALL YOUR EFFORTS AND HAVE GREAT HOPES FOR SUCCESS FOR THE FUTURE. 63 Item 3. Everyone needs a safe place to live and more housing:) Matt Sherin 5/4/2021 Please forward this to all council members and city manager. Obviously the world needs more affordable housing. My concerns are as follows: On 43rd and Jackson street and the 4 houses or more to the south on each side of the street have been plagued with sanitary sewer and storm sewer problems backing up into our basements one to 7 feet deep of human waste for decades. Many efforts have been made to try to correct these issues. We finally have a level of just some success for 4 years. Any increase in volume of human waste in sanitary sewer will eliminate our small space cushion that has only helped for the 4 years. We cannot have any further or increases with this problem. Quincy and Van Buren also have the same issues in a slightly reduced amount for some homes, some homes it sprays right up out of toilets to ceiling when in failure mode. WE CANNOT HAVE ANY VOLUME INCREASE IN SANITARY SEWER OR STORM SEWERS OR IT WILL RENDER OUR HOMES UNINHABITABLE> AS THE INSURANCE WILL CANCEL US AFTER SECOND EVENT AND WE WILL BE UNINSURABLE> THE HUMAN WASTE MAKES THE HOME UNIHABITABLE> THE HOME WILL NOT BE SELLABLE AND OR WITH ONGOING FAILURE IN SYSTEM WILL REDUCE OUR HOME VALUES TO PRACTICALLY ZERO IF THIS HAPPENS. If you add another new or bigger line we will be liable for replacing our all new streets and curbs through accessments we have already paid. The HUGE trucks on our thinly paved side streets could by them selves herniate our current sewer connections from the 1950's which are surely old and on the weak side at best. Also if the Hyvee sight will now be condos and shops this will add to these problems as well EVEN IF YOU CONNECT SANITRY AND STORM SEWERS ON 44TH AVE SIDE OF BLOCK AS THIS VOLUME WILL ALSO REDUCE THE AVAILABILITY OF THESE VOLUMES TO PASS DOWN 44TH TO THE RIVER WHICH WILL CAUSE US BACKUPS BEING TRAPPED IN THE MIDDLE AT THE LOW POINT WE LIVE IN. We also will experience power surges from excel electric service from the construction and extra load after completion, as we all live on end trunk lines and some of us have surges that pop light bulbs, melt down appliances, electronics, fairly regularly with huge $$$$ ramifications from surges and excel refuses to correct this for 20 years. We will be subjected to enough other issues from high density problems as well in our currently more quiet area. 64 Item 3. I BELIEVE WE CAN GROW VALUES AND HELP OTHERS AND THE CITY AND SUPPORT THAT IF ALL IS DONE APPROPRIATELY. PLEASE CONFIRM IN E-MAIL or LETTER YOU HAVE RECIEVED THIS FOR LEGAL REASONS. Thank You for all You do for us:) Matt Sherin 65 Item 3.