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HomeMy WebLinkAbout2010-03-17 PACKET 04.G.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 3/17/10 G. PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving a conditional use permit to allow a pet business including retail sales, dog and cat day care, pet boarding, outdoor daytime runs, and outdoor play /training facilities at 8607 West Point Douglas Road. STAFF RECOMMENDATION Adopt the resolution approving the conditional use permit to allow a pet business at 8607 West Point Douglas Road. ADVISORY COMMISSION ACTION DATE ® PLANNING 2/22/10 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS REVIEWED APPROVED DENIED ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from John M. Burbank dated 3/10/10 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from 2/22/10 Planning ADMINISTRATORS COMMENTS Commission meeting minutes City Administrator Date COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE J MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: March 10, 2010 RE: Conditional Use Permit — Ruff House Inn Proposal Janet Olausen has requested a conditional use permit to allow a pet business including retail sales, dog and cat day care, pet boarding, outdoor daytime runs, and outdoor play /training facilities at 8607 West Point Douglas Road. An information sheet on the proposal and a list of other similar uses in the region are attached. 8240 894 y `Y y s2oo YA HIVA o 8585 'O� 8 2 3t aQ ? Program 8466 The Planning Commission reviewed this application at their meeting on February 22, 2010. There was discussion regarding hours of operation, proximity to residential properties, fencing, outdoor play areas, and capacity. The Planning Commission unanimously recommended approval of the conditional use permit. An excerpt from the Planning Commission minutes is attached. The property is located in the PB, Planned Business, zoning district, the former Orkin building which has been vacant for a period of time. The proposed use has been determined to be simi- lar in use to a commercial kennel. The ordinance criterion for the PB district does not specifically Honorable Mayor, City Council, and Ryan Schroeder Conditional Use Permit— Ruff House Inn March 10, 2010 Page 2 of 5 address commercial kennels. Based on the fact that commercial kennels with outdoor runs are allowed as a conditional use in the B -2 and B -3 zoning districts, which are more restrictive by design, the use was deemed to be allowed as a conditional use permit in the PB district. Property Characteristics Allina Clinic is located to the south of the site and the Blair multi -use retail building is located to the north. The exterior of the building is concrete rock face masonry block. No external changes to the building exterior are proposed. The rear portion of the property is paved and fenced with an indus- trial grade chain link security fence. OMM • _ •. • Land Use and Zoning The property is guided and zoned for commercial use, and the proposed use is consistent with permitted and conditioned uses within these classifications. Hours of Operation The applicant has indicated that the hours of business operation would be 6:30 a.m. to 9:00 p.m. Waste The applicant has indicated that outdoor areas and runs would be cleaned by designated pet care- givers on a daily basis and waste removal from the site would be contracted with a commercial refuse hauler. Honorable Mayor, City Council, and Ryan Schroeder Conditional Use Permit— Ruff House Inn March 10, 2010 Page 3 of 5 Noise Given the proposed use, the biggest question that has been raised during the review process was if noise was going to be an issue. The majority of the use is indoors, no outside overnight boarding is proposed, and all outdoor activities are to be supervised. It is recommended that no outside boarding at night be added as a condition of approval. Intermittent supervised outdoor use of the outside area for animal "bathroom" activities at night would be allowed. The standard City and State noise rules will be applicable to the site. If the City receives noise complaints, the owner of the property would be notified to bring the noise on the site into compliance with ordinance and statute requirements. It is recommended that if there are repeat violations related to noise, that the conditional use permit would be subject to additional review by the City Council. Internal Operation Detail The internal operation site details are included below. An Interior detail example photo is also attached. 6nftlnar Daytime Runs Honorable Mayor, City Council, and Ryan Schroeder Conditional Use Permit — Ruff House Inn March 10, 2010 Page 4 of 5 Exterior Site Detail The external operation site details are included below. , -- - -- -- Existing Thigh fence, add privacy slats —Existing 9 high fence to remain — Relocated 9 high fance — Existing 3' high fence, remove and salvage Existing 9 h gh fence charge to 6' add privacy slats New 6' fence with privacy slats –_ -- - (talocated 9 highfence w/ added privacy slats Screening In order to minimize potential conflict between adjacent land uses, it is recommended that a six - foot tall fence, made of wood or vinyl composite material, be installed along the side property lines. The applicant is proposing vinyl slat inserts, which are prohibited. It is recommended further that vinyl slats not be allowed as a suitable screening material. Parking There are currently 47 parking spaces on the site. Based on the proposed use the site is currently in excess of the 16 parking spaces required in the ordinance The balance of the bituminous area in the rear of the building is proposed to be covered with pea rock and wood chipped surfaces in separated training /play areas. Any additional material placed on the site must be contained entirely on the property and not negatively impact the drainage of the site or adjacent properties. Conditional Use Standards In addition to meeting the performance standards required in the ordinance, the Planning Commission must review the application for conformance with the following criteria established in City Code Title 11 -2 -9F: Honorable Mayor, City Council, and Ryan Schroeder Conditional Use Permit — Ruff House Inn March 10, 2010 Page 5 of 5 11 -2 -9 F. Criteria for Issuance of Permit: 1. The use will be in conformity with the City's Comprehensive Plan and with the purpose, intent and applicable standards of this Title. 2. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. 3. The use shall not depreciate values of surrounding property. 4. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances. 5. The use shall generate only minimal vehicular traffic on local streets as defined by the transportation element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access or parking needs that will cause inconveniences to the adjoining properties. 6. The use shall be served adequately by essential public services, such as streets, police, fire protection and utilities. 7. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. 8. The use shall preserve and incorporate the site's important natural and scenic features into the development design. 9. The use shall cause minimal adverse environmental effects. 10. The use shall not adversely affect the potential development of adjacent vacant land. Based on the information presented, it is apparent that the proposed use could satisfy the conditions for issuing a conditional use permit. Operation of the use in a manner contrary to the conditions could require additional review of the conditional use permit by the City Council. Public Hearing Notices A public hearing has been scheduled for the Planning Commission meeting on February 22, 2010. The notice announcing this public hearing was published in the South Washington County Bulletin and mailed to 20 property owners within 500 feet of the property on February 10, 2010. Recommendation That the City Council approve a conditional use permit to allow a pet business including retail sales, dog and cat day care, pet boarding, outdoor daytime runs, and outdoor play /training facilities at 8607 West Point Douglas Road South, subject to the conditions stipulated in the attached draft resolution RESOLUTION NO. 2010 -XXX A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A PET BUSINESS INCLUDING RETAIL SALES, DOG AND CAT DAY CARE, PET BOARDING, OUTDOOR DAYTIME RUNS, AND OUTDOOR PLAY /TRAINING AT 8607 WEST POINT DOUGLAS ROAD SOUTH WHEREAS, Janet Clausen has applied for a conditional use permit to allow a pet busi- ness including retail sales, dog and cat day care, pet boarding, outdoor daytime runs, and outdoor play /training facilities located on the property legally described as: Sect -21 Twp -027 Range -021 PT NW1 /4 DESC AS FOLL COM AT NW COR SD NW1 /4 THN SOODEG15'15 "W ASM BRG ALG W LN SDNW1 /4 199.91FT TO NELY RAN LN COMSTP & P RR THN S51DEG53'41 "E ALG SD RR RAN 787.47FT TO POB THN S51 DEG53'41 "E ALG SD RR 125.06FT T. Commonly known as 8607 West Point Douglas Road South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held a public hearing on February 22, 2010; and WHEREAS, a planning staff report, which detailed specific information on the property and the application request, was prepared and presented; and WHEREAS, the public hearing was open for public testimony and no one spoke for or against the application. The applicant was present at the meeting; and WHEREAS, the Planning Commission unanimously voted (6 -to -0 vote) to recommend to the City Council that the conditional use permit be granted. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby grants a conditional use permit to allow a pet business in- cluding retail sales, dog and cat day care, pet boarding, outdoor daytime runs, and outdoor play /training facilities on the property legally described above, subject to the following conditions: 1. All applicable permits (i.e., building, electrical, grading, mechanical) must be com- pleted, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and approved by the Building Official. 2. All overnight boarding must be indoors. Resolution No. 2010 -XXX Page 2 of 2 3. Animals will only be allowed outside between the hours of 6:30 a.m. to 9:00 p.m. in run and play areas. Intermittent supervised outdoor use of the outside area for animal "bathroom" activities at night would be permitted. 4. All outdoor activities are must be supervised by employees or a designated respon- sible adult. 5. A six -foot tall fence of wood or vinyl composite material must be installed along the side property lines. Vinyl slat inserts are prohibited. Internal site fence materials must be reviewed and approved by the Planning Division. 6. The indoor areas and runs must be cleaned on a daily basis and waste removal from the site must be contracted with a commercial refuse hauler. 7. The outdoor areas and runs must be cleaned on a daily basis and waste removal from the site must be contracted with a commercial refuse hauler. Final design of the outdoor areas and management plan must be reviewed and approved by the City of Cottage Grove Planning Division. 8. The standard City and State noise rules will be applicable to the site. If the City re- ceives noise complaints, the property owner must bring the noise on the site into compliance upon notification by the City. 9. The standard City and State nuisance ordinance rules will be applicable to the site. If the City receives odor complaints, the property owner must bring the site into compliance upon notification by the City. 10. Repeat violations related to noise, odor or permit criteria will require additional review of the conditional use permit by the City Council. Passed this 17th day of March 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON FEBRUARY 22, 2010 6.2 Pet Boarding Business — Case CUP10 -004 Janet Olausen has applied for a conditional use permit to allow a pet business including retail, pet day care, pet boarding, and training at 8607 West Point Douglas Road South. McCool summarized the staff report. He stated that the applicant would like to change the time animals are allow outside from the proposed 7:00 a.m. that is listed in condition #3 to 6:30 a.m. He recommended approval subject to the conditions stipulated in the staff report. Thiede asked if the hours of operation would be from 6:30 a.m. to 9:00 p.m. McCool re- sponded yes. He noted that there was a clerical error in condition #9 and words "the noise on" should be deleted. He reported that City staff had talked with Allina Medical Center, which is next door, and they don't foresee any problems, though they have some reserva- tions about noise and odors coming from the property. If there are issues, the city would talk to the applicant to correct those issues. If they fail to comply after that, then the conditional use permit would be brought back to the City Council for reconsideration. Thiede asked if staff also talked with the property owners on the other side of the building. Blin stated that building is not yet open for business. Pearson asked if the closest residential buildings to this site are across Highway 61. McCool responded that was correct noting that the land uses behind the property are industrial. Poncin asked if there is an existing fence. McCool responded that there is a nine -foot high chain link fence. He stated that the applicant had proposed putting vinyl slats in the chain link but city ordinances do not allow for that as a permanent screening material; it would have to be wood or some type of plastic privacy fence material. Poncin asked if we are only asking them to replace the fence on the south side by Allina at this time. McCool responded yes. He noted that the conditions of approval reference the side property lines and the northwesterly line. The only property line that fencing would not be required is the rear lot line because it is next to railroad tracks. Blin stated that part of the reason the city is not concerned with that property line is that there is no visibility into the site. Janet Olausen, 1915 Bowsons Lane, Woodbury, clarified that they may not remove the eight -foot chain link fence because it offers some security. She explained that they would construct a privacy fence along the chain -link fence abutting the Allina property and at this time only fence in the area that they are going to be using. Poncin asked about the outdoor runs and play areas. Olausen displayed a drawing of the property. There will be one play area for large dogs and another for smaller dogs. The third area is for bringing the dogs out at night. Linse asked about capacity. Olausen responded that the building is 3,200 square feet and they can accommodate a maximum of 30 dogs. Thiede asked if the asphalt would be removed from the play areas. Olausen responded they are looking at surfaces such as pea gravel or doggy Astroturf. Initially they were going to re- Excerpt from Unapproved Planning Commission Minutes Pet Board Business —Case CUP10 -004 February 22, 2010 Page 2 of 2 move the asphalt but they may just drill holes in it. They don't have a specific plan yet but will work with staff on the best options for drainage and odor control. Messick opened the public hearing. No one spoke. Messick closed the public hearing. Thiede made a motion to recommend approval of the application subject to the condi- tions listed below with changes to conditions #3, to modify the hours animals are allowed outside to 6 :30 a.m. to 9 :00 p.m. and #9 to remove the words "the noise on." Poncin seconded. 1. All applicable permits (i.e., building, electrical, grading, mechanical) must be com- pleted, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and ap- proved by the Building Official. 2. All overnight boarding must be indoors. 3. Animals will only be allowed outside between the hours of 7 :00 a.m. to 9 :00 p.m. in run and play areas. Intermittent supervised outdoor use of the outside area for animal "bathroom" activities at night would be permitted. 4. All outdoor activities are must be supervised by employees or a designated re- sponsible adult. 5. A six -foot tall fence of wood or vinyl composite material must be installed along the side property lines. Vinyl slat inserts are prohibited. Internal site fence mate- rials must be reviewed and approved by the Planning Division. 6. The indoor areas and runs must be cleaned on a daily basis and waste removal from the site must be contracted with a commercial refuse hauler. 7. The outdoor areas and runs must be cleaned on a daily basis and waste removal from the site must be contracted with a commercial refuse hauler. 8. The standard City and State noise rules will be applicable to the site. if the City re- ceives noise complaints, the property owner must bring the noise on the site into compliance upon notification by the City. 9. The standard City and State nuisance ordinance rules will be applicable to the site. If the City receives odor complaints, the property owner must bring the noise on the site into compliance upon notification by the City. mom