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HomeMy WebLinkAbout2012-12-19 PACKET 04.G.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 12/19/12 y''a4 PREPARED BY Community Development ORIGINATING DEPARTMENT Jennifer Levitt STAFF AUTHOR ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** COUNCIL ACTION REQUEST: Consider approving a conditional use permit to allow a pet business including retail sales, dog day care, over night pet boarding /kenneling, and indoor and outdoor play areas at 8607 West Point Douglas Road South. STAFF RECOMMENDATION: Adopt the resolution approving the conditional use permit to allow a pet business at 8607 West Point Douglas Road South. BUDGET IMPLICATION $N /A $N /A BUDGETED AMOUNT ACTUAL AMOUNT ADVISORY COMMISSION ACTION: N/A FUNDING SOURCE DATE REVIEWED APPROVED DENIED ® PLANNING 11/26/12 ❑ ® ❑ ® PUBLIC SAFETY 12/18/12 ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORIT ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from Emily Schmitz dated 12/6/12 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from unapproved minutes from 11/26/12 Planning Commission meeting ADMINISTRATOR'S COMMENTS ity Administrator Date ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: Emily Schmitz, Community Development Intern DATE: December 6, 2012 RE: Hound Around Introduction Anita Conrade and Richard Perry have requested a conditional use permit to allow a pet business including retail sales, dog day care, over night pet boarding /kenneling, and indoor and outdoor play areas at 8607 West Point Douglas Road. Location Map Background The property is located in the former Orkin building, which has been vacant for a period of time, and is in the PB, Planned Business, zoning district. The proposed use has been determined to be similar in use to a commercial kennel, which is an allowed conditional use within the PB district. Similar Operation Facilities: The applicant has provided a list of similar operations throughout the region: Dog Day Getaway Camp Bow -Wow Four Paws Pet Resort 6950 146th Street West, #128 14305 Ewing Avenue South 4020 Old Sibley Memorial Highway Apple Valley, MN Burnsville, MN Eagan, MN 952 - 431 -9663 952 - 736 -9919 651- 882 -2211 Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hound -A -Round December 6, 2012 Page 2 of 6 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 currently paved and fenced with an industrial grade chain link security fence. Existing landscaping is in need of attention and must be addressed prior to building permit application. i r SITE rokk f ,.'•.,. ' 10 _ I � 1 Existing Site Photo Planning Considerations K 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 public business operation hours would be Monday through Friday, 6:00 a.m. to 9:00 p.m.; Saturday 7:00 a.m. to 8:00 p.m.; and Sunday 8:00 a.m. to 7:00 p.m., with the exception of overnight boarding of canines. 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 Bailey, City Council Members and Ryan Schroeder Hound -A -Round December 6, 2012 Page 3 of 6 Noise During the review process, the possible issue of noise was brought up. 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 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 re- lated 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. The overnight boarding areas will consist of approximately 32 individual kennels that are 42w x 48d x 72h. The indoor play area will be approx- imately 672 square feet and the inside flooring will be stain - densified concrete. Hound -A -Round employees will require all animals to have their immunizations updated. Hound -A- Round employees will monitor indoor and outdoor play areas at all times during public business hours. There will also be front desk and cleaning staff on site during public business hours. During overnight hours there will be one night staff person on duty. Webcams and security systems will be installed for 24 -hour surveillance of the animals. A filtration system will be installed throughout entire building to eliminate mold, germs, viruses, bacteria, and odor. PROPOSED FLOOR PLAN DETAIL I a 12 x T 31° 0" 1 TATE CLOSET a �.»Ik«cna a.a RE QOM g �I a 4'0° 6 NESTR OFFICE 6 INDOOR PLAYAREA U6' MEET d DREET AREA 57172' i i v ; LOBBY BOARDING ­ J 1 7LOsE1 I MAIN a BOARDING AREA 80ARDING AREA R1,YOY Exterior Site Detail The external operation site details are shown below. The outdoor run area ground material will be mainly pea gravel and grass. The outside play area will only be operational during public business hours and supervised with adequate staff. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hound -A -Round December 6, 2012 Page 4 of 6 PROPOSED OUTSIDE PLAY AREA 242' 12' 121' a Building New Fenced Area 121' L- N r PARKING (18-20 spots) 52', Existing Fenced Area to Remain The Same 230' Screening The applicant is proposing to utilize six -foot high cyclone mesh fencing for the new fenced play area; examples of the product are detailed below. It is recommended that the cyclone mesh fence not be allowed as a suitable screening material and that wood or vinyl composite material be used. Applicant Proposed Cyclone Mesh Fencing Parking There are currently 47 parking spaces on the site. Based on the proposed use, the site is in excess of the 16 parking spaces required in the ordinance. 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. Parking will be in the existing spaces in the front of the facility and as needed along existing parking on the west property line. Conditional Use Standards In addition to meeting the performance standards required in the ordinance, the Planning Commis- sion must review the application for conformance with the following criteria established in City Code Title 11 -2 -9F: Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hound -A -Round December 6, 2012 Page 5 of 6 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 unsightli- ness 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 protec- tion 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 Public hearing notices for the conditional use permit were mailed to 11 property owners within 500 feet of the property. These notices were mailed on November 14, 2012. The public hearing notice was also published in the South Washington County Bulletin. Commission Review Planning Commission Review The Planning Commission reviewed the application at their regular meeting on November 26, 2012, and recommended conditioned approval of the requests. Public Safety Commission The Public Safety Commission will review the application at their regular meeting on December 18, 2012. The Commission's recommendation will be shared with the City Council at their December 19 meeting. Technical Review Committee The Technical Review Committee, which includes the Public Safety Department, did not identify any issues with the proposed amendment. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hound -A -Round December 6, 2012 Page 6 of 6 Summary The City's Advisory Commissions all recommended approval of the applications. The property is guided commercial, and the proposed use is consistent with the conditioned and permitted uses allowed under the ordinance. Recommendation That City Council adopt a resolution approving Conditional Use Permit to allow for a pet business including retail sales, dog day care, pet boarding, and indoor and outdoor play area facilities at 8607 West Point Douglas Road be approved subject to the conditions listed in the attached draft resolution. RESOLUTION NO. 2012 -XXX A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A PET BUSINESS INCLUDING RETAIL SALES, DOG DAY CARE, OVERNIGHT PET BOARDING /KENNELING, AND INDOOR AND OUTDOOR PLAY AREAS AT 8607 WEST POINT DOUGLAS ROAD SOUTH WHEREAS, Anita Conrade and Richard Perry have applied for a conditional use permit to allow a pet business including retail sales, dog day care, overnight pet boarding /kenneling, and indoor and outdoor play areas, on property legally described as: Sect -21 Twp -027 Range -021 PT NW1 /4 DESC AS FOLL COM AT NW COR SD NW /14 THN SOODEG15'15 "W ASM BRG ALG W LN SDW1 /4 199.91 FT TO NELY R/W LN COMSTP & P RR THN S51 DEG53'41 "E ALG SD RR R/W 787.47 FT TO POB THN S51 DEG53'41 "E ALG AD 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 November 26, 2012; 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. The applicant attended the public hearing. No written or oral testimony was received; and WHEREAS, the Planning Commission unanimously (8 -to -0 vote) recommended approval of the application, subject to certain conditions listed below. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the conditional use permit to allow a pet business including retail sales, dog day care, overnight pet boarding /kenneling, and indoor and outdoor play areas, located on the property legally described above, subject to the following conditions: All applicable permits (i.e., building, electrical, grading, mechanical) must be completed, 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. Intermittent supervised outdoor use of the outside area for animal "bathroom" activities at night would be permitted. Resolution No. 2012 -XXX Page 2 of 2 3. Animals will only be allowed outside between the hours of 6:00 a.m. to 9:00 p.m. in run and play areas. 4. All outdoor and indoor activities must be supervised by employees or a designated responsible adult. 5. A six -foot tall fence of wood or vinyl composite material must be installed along all sides of outside play area. 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 standard City and State noise rules will be applicable to the site. If the City receives noise complaints, the property owner must bring the noise on the site into compliance upon notification by the City. 8. 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 odor on the site into compliance upon notification by the City. 9. Repeat violations related to noise, odor, or permit criteria will require additional review of the conditional use permit by the City Council. 10. Prior to building permit application, the applicant shall submit a detailed landscaping plan that meets the approval of the Community Development Department. Passed this 19th day of December 2012. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE NOVEMBER 26, 2012 PLANNING COMMISSION MEETING 6.1 Hound -A -Round Canine Daycare — Case 12 -030 Anita Conrade has applied for a conditional use permit to allow a pet business that would include retail sales, dog daycare, and overnight boarding that would have indoor and outdoor play areas at 8607 West Point Douglas Road South. Burbank summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Rostad opened the public hearing. Anita Conrade, 1758 Nokia Way, explained that originally they proposed the mesh screening outside but will install a wooden fence as recommended. There will be no outdoor runs; the only outside play area is the fenced area. No one else spoke. Rostad closed the public hearing. Brittain made a motion to approve the conditional use permit subject to the conditions listed below. Harter 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 approved by the Building Official. 2. All overnight boarding must be indoors. Intermittent supervised outdoor use of the outside area for animal "bathroom" activities at night would be permitted. 3. Animals will only be allowed outside between the hours of 6:00 a.m. to 9:00 p.m. in run and play areas. 4. All outdoor and indoor activities must be supervised by employees or a designated responsible adult. 5. A six -foot tall fence of wood or vinyl composite material must be installed along all sides of outside play area. 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 standard City and State noise rules will be applicable to the site. If the City receives noise complaints, the property owner must bring the noise on the site into compliance upon notification by the City. Excerpt from Unapproved Planning Commission Minutes Hound -A -Round — Planning Case No. CUP12 -030 November 26, 2012 Page 2 8. 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 odor on the site into compliance upon notification by the City. 9. Repeat violations related to noise, odor, or permit criteria will require additional re- view of the conditional use permit by the City Council. 10. Prior to building permit application, the applicant shall submit a detailed land- scaping plan that meets the approval of the Community Development Department. Motion passed unanimously (8 -to -0 vote).