HomeMy WebLinkAbout4B - 15981 Jordan Avenue SE - Suite 100 - Pampered Paws - CUP PC Report - Complete
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: JANUARY 14, 2019
AGENDA #: 4B
PREPARED BY: JEFF MATZKE, PLANNER
PUBLIC HEARING: YES
AGENDA ITEM: PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT FOR AN
ANIMAL HANDLING BUSINESS IN THE C-2 (GENERAL BUSINESS) ZONING
DISTRICT
DISCUSSION: Introduction
Pamper Paws Resort & Spa, on behalf of the property owner, has applied for a
Conditional Use Permit for an animal handling business in the C-2 (General Busi-
ness) Zoning District. The subject property is located at 15981 Jordan Avenue,
east of TH13, south of CSAH 44, and north of Gateway Street.
History
The existing site is the location of a car wash and HVAC business. The animal
handling business is proposed in an existing vacant tenant space in the building.
In the past the site had been the location of a retail store.
Current Circumstances
Pampered Pals Resort & Spa had previously resided in the City of Savage. The
applicant is pursuing a Conditional Use Permit to allow Animal Handling in a C-2
(General Business) Zoning District.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The site is a developed 0.3-acre property which consists of a
car wash, HVAC business, and vacant tenant retail space.
Access: Access to the site is from Jordan Avenue on the west side.
2030 Comprehensive Plan Designation: This property is designated C-CC for
Community Retail Shopping on the 2030 Comprehensive Plan Land Use Map.
Zoning: The site area is zoned C-2 (General Business).
Animal Handling: The conditions of approval for an animal handling business
are as follows:
a. Animal runs and exercise areas shall be located at least 200 feet from any
dwellings and 100 feet from any buildings used by the public.
The proposed location for this business is located closer than 200 feet from
adjacent residential dwellings; however, the applicant does not propose any
outdoor exercise areas as part of the pet grooming and pet supplies business.
2
b. No animals shall be kept outside the building or located in a manner or location
which causes offensive odors discernible at the property line of the lot on which
the activity is conducted.
The applicant does not propose to keep animals outside of the building.
c. All principal use activities, including animal boarding, shall be conducted within
a totally enclosed building.
The applicant does not propose boarding of any animals.
d. All outdoor animal runs or exercise areas shall be fenced and secured at all
times so that no animal contained therein may escape such enclosure.
The applicant does not propose any outdoor exercise areas as part of the pet
grooming and pet supplies business.
e. All buildings in which animals are kept or boarded shall be located a minimum
of 100 feet from any property line in an "R" Use District.
The applicant does not propose any boarding of animals. No boarding is
permitted at the site due to proximity to Residential Use District properties.
ISSUES: CONDITIONAL USE PERMIT (CUP) ANALYSIS:
Section 1108.200 of the City Code sets forth the criteria for approval of a CUP.
(1) The use is consistent with and supportive of the goals and policies
of the Comprehensive Plan.
Two of the objectives of the Comprehensive Plan are to “determine and
strive for a balance of commerce, industry and population” and to
“maintain high standards in the promotion and development of commerce
and industry.” This proposal will be consistent with the goals, objectives,
and policies of the Comprehensive Plan provided it complies with the
conditions of approval. Another objective of the Comprehensive Plan is
to “enact and maintain policies and ordinances to ensure the public safety,
health and welfare.” The proposed pet grooming and pet supplies store
is consistent with these policies.
(2) The use will not have undue adverse impacts on the use and
enjoyment of properties in close proximity to the conditional use.
Based upon review of the application, the proposed use will not be
detrimental to the health, safety, morals and general welfare of the
community. The conditions of the approving resolution include the
permitting of pet grooming and pet retail sales only. All operations are
permitted only within the interior of the building. No boarding of animals
is permitted to take place at the site.
3
(3) The use is consistent with the intent and purpose of the Zoning
Ordinance and the Use District in which the Conditional Use is
located.
Section 1102.1103 (5) and Section 1102.1103 (11) of the Zoning
Ordinance allows animal handling as an allowed use within the C-2
Zoning District. The conditions set forth in the Zoning Ordinance shall be
met with the issuance of the Conditional Use Permit.
(4) The use will not have undue adverse impacts on governmental
facilities, services, or improvements which are either existing or
proposed.
The use will not have adverse impacts on governmental facilities. No
further exterior construction improvements are proposed with the CUP
request.
(5) The use will not have undue adverse impacts on the use and
enjoyment of properties in close proximity to the conditional use.
The use will not have undue adverse impacts on the use and enjoyment
of properties in close proximity. All animal handling activities are
permitted within the interior of the building only. No boarding of animals
is permitted due to the proximity of the site to Residential Use Districts.
(6) The use is subject to the design and other requirements of site and
landscape plans prepared by or under the direction of a professional
landscape architect, or civil engineer registered in the State of
Minnesota, approved by the City Council and incorporated as part of
the conditions imposed on the use by the City Council.
Any required site plans shall be prepared by a licensed professional
engineer.
(7) The use is subject to drainage and utility plans prepared by a
professional civil engineer registered in the State of Minnesota
which illustrate locations of city water, city sewer, fire hydrants,
manholes, power, telephone and cable lines, natural gas mains, and
other service facilities. The plans shall be included as part of the
conditions set forth in the CUP approved by the City Council.
Any required drainage and utility engineering plans shall be prepared by
a licensed professional engineer.
(8) The use is subject to such other additional conditions which the City
Council may find necessary to protect the general welfare, public
safety and neighborhood character. Such additional conditions may
be imposed in those situations where the other dimensional
standards, performance standards, conditions or requirements in
this Ordinance are insufficient to achieve the objectives contained
in subsection 1108.202. In these circumstances, the City Council
may impose restrictions and conditions on the CUP which are more
stringent than those set forth in the Ordinance and which are
consistent with the general conditions above. The additional
4
conditions shall be set forth in the CUP approved by the City
Council.
Additional conditions to ensure the protection of the general health, safety
and welfare of the public are included as part of the CUP. These
conditions include the permitting of animal handling activities only within
the interior of the building, prohibiting of animal boarding on the site, and
required approval of construction permits and any required permits from
other governmental agencies.
Conclusion
Staff recommends approval of the request for a conditional use permit, subject to
the following conditions:
a. No boarding is permitted at the site due to proximity to Residential Use
District properties.
b. Animal handling activities are only permitted within the interior of the
building.
c. The following conditions outlined in Section 1102.1103 (11) of the City
Code, related to Animal Handling, shall be adhered to:
(1) Animal runs and exercise areas shall be located at least 200 feet
from any dwellings and 100 feet from any buildings used by the
public.
(2) No animals shall be kept outside the building or located in a manner
or location which causes offensive odors discernible at the property
line of the lot on which the activity is conducted.
(3) All principal use activities, including animal boarding, shall be con-
ducted within a totally enclosed building.
(4) All outdoor animal runs or exercise areas shall be fenced and se-
cured at all times so that no animal contained therein may escape
such enclosure.
(5) All buildings in which animals are kept or boarded shall be located a
minimum of 100 feet from any property line in an "R" Use District:
d. The Conditional Use Permit does not constitute approval of construc-
tion permits from the City of Prior Lake. Separate building permits
from the City must be obtains prior to any construction.
e. The Conditional Use Permit is subject to the issuance of required per-
mits from all applicable governmental agencies.
f. The resolution of approval of the Conditional Use Permit Amendment
shall be recorded at the Scott County Recorder’s Office.
ALTERNATIVES: 1. Approve the conditional use permit subject to the above conditions.
2. Table this item to a date specific, and provide the applicant with direction on
the issues that have been discussed.
3. Deny the request based on specific findings of fact.
RECOMMENDED
MOTIONS:
City Staff recommends Alternative #1.
ATTACHMENTS: 1. Resolution 19-XXPC
2. Location Map
3. Site Plan
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CONDITIONAL USE PERMIT
RESOLUTION 19-XXPC
A CONDITIONAL USE PERMIT TO ALLOW AN ANIMAL HANDLING BUSINESS IN THE
C-2 (GENERAL BUSINESS) ZONING DISTRICT
Motion By: Second By:
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on January 14,
2019, to consider a request from Pampered Paws Resort and Spa, on behalf of the
property owner, Gary Revak, for a Conditional Use Permit to allow an animal handling
business in the C-2 (General Business) Zoning District at the following property:
Section 36, Township 115, Range 22, SW 1/4 SW ¼ E 393’ to point of beginning
Address: 15981 Jordan Avenue SE, Prior Lake, MN 55372
PID: 259360040
WHEREAS, Notice of the public hearing on said CUP was duly published in accordance with the
applicable Prior Lake Ordinances; and
WHEREAS, The Planning Commission proceeded to hear all persons interested in this CUP and
persons interested were afforded the opportunity to present their views and
objections related to the CUP; and
WHEREAS, The Planning Commission finds the proposed CUP is compatible with the stated
purposes and intent of the Zoning Ordinance as they relate to conditionally permitted
uses, and further, that the proposed CUP meets the criteria for approval of CUP as
contained in Section 1108.202 of the Prior Lake Zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE:
1. The recitals set forth above are incorporated herein.
2. The Planning Commission hereby adopts the following findings:
a. The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
Two of the objectives of the Comprehensive Plan are to “determine and strive for a balance
of commerce, industry and population” and to “maintain high standards in the promotion and
development of commerce and industry.” This proposal will be consistent with the goals,
objectives, and policies of the Comprehensive Plan provided it complies with the conditions
of approval. Another objective of the Comprehensive Plan is to “enact and maintain policies
and ordinances to ensure the public safety, health and welfare.” The proposed pet grooming
and pet supplies store is consistent with these policies.
b. The use will not have undue adverse impacts on the use and enjoyment of properties
in close proximity to the conditional use.
Based upon review of the application, the proposed use will not be detrimental to the health,
safety, morals and general welfare of the community. The conditions of the approving
resolution include the permitting of pet grooming and pet retail sales only. All operations are
permitted only within the interior of the building. No boarding of animals is permitted to take
place at the site.
c. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use
District in which the Conditional Use is located.
Section 1102.1103 (5) and Section 1102.1103 (11) of the Zoning Ordinance allows animal
handling as an allowed use within the C-2 Zoning District. The conditions set forth in the
Zoning Ordinance shall be met with the issuance of the Conditional Use Permit.
d. The use will not have undue adverse impacts on governmental facilities, services, or
improvements which are either existing or proposed.
The use will not have adverse impacts on governmental facilities. No further exterior
construction improvements are proposed with the CUP request.
e. The use will not have undue adverse impacts on the use and enjoyment of properties
in close proximity to the conditional use.
The use will not have undue adverse impacts on the use and enjoyment of properties in close
proximity. All animal handling activities are permitted within the interior of the building only.
No boarding of animals is permitted due to the proximity of the site to Residential Use Districts.
f. The use is subject to the design and other requirements of site and landscape plans
prepared by or under the direction of a professional landscape architect, or civil
engineer registered in the State of Minnesota, approved by the City Council and
incorporated as part of the conditions imposed on the use by the City Council.
Any required site plans shall be prepared by a licensed professional engineer.
g. The use is subject to drainage and utility plans prepared by a professional civil
engineer registered in the State of Minnesota which illustrate locations of city water,
city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas
mains, and other service facilities. The plans shall be included as part of the conditions
set forth in the CUP approved by the City Council.
Any required drainage and utility engineering plans shall be prepared by a licensed
professional engineer.
h. The use is subject to such other additional conditions which the City Council may find
necessary to protect the general welfare, public safety and neighborhood character.
Such additional conditions may be imposed in those situations where the other
dimensional standards, performance standards, conditions or requirements in this
Ordinance are insufficient to achieve the objectives contained in subsection 1108.202.
In these circumstances, the City Council may impose restrictions and conditions on
the CUP which are more stringent than those set forth in the Ordinance and which are
consistent with the general conditions above. The additional conditions shall be set
forth in the CUP approved by the City Council.
Additional conditions to ensure the protection of the general health, safety and welfare of the
public are included as part of the CUP. These conditions include the permitting of animal
handling activities only within the interior of the building, prohibiting of animal boarding on the
site, and required approval of construction permits and any required permits from other
governmental agencies.
3. The CUP is hereby approved, subject to the following conditions:
a. No boarding is permitted at the site due to proximity to Residential Use District properties.
b. Animal handling activities are only permitted within the interior of the building.
c. The following conditions outlined in Section 1102.1103 (11) of the City Code, related to Animal
Handling, shall be adhered to:
(1) Animal runs and exercise areas shall be located at least 200 feet from any dwellings and
100 feet from any buildings used by the public.
(2) No animals shall be kept outside the building or located in a manner or location which causes
offensive odors discernible at the property line of the lot on which the activity is conducted.
(3) All principal use activities, including animal boarding, shall be conducted within a totally
enclosed building.
(4) All outdoor animal runs or exercise areas shall be fenced and secured at all times so that
no animal contained therein may escape such enclosure.
(5) All buildings in which animals are kept or boarded shall be located a minimum of 100 feet
from any property line in an "R" Use District:
d. The Conditional Use Permit does not constitute approval of construction permits from the City
of Prior Lake. Separate building permits from the City must be obtains prior to any
construction.
e. The Conditional Use Permit is subject to the issuance of required permits from all applicable
governmental agencies.
f. The resolution of approval of the Conditional Use Permit Amendment shall be recorded at the
Scott County Recorder’s Office.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use
Permit to allow an animal handling business on the site within the C-2 (General Business) Zoning District.
The contents of Planning Case File #DEV18-000039 is hereby entered into and made a part of the public
record and the record of the decision for this case.
PASSED AND ADOPTED THIS 14TH DAY OF JANUARY 2019.
_______________________________ Bryan Fleming, Commission Chair
ATTEST: _________________________________
Casey McCabe,
Community Development Director
VOTE Fleming Tieman Tschetter Kallberg Ringstad
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
160TH ST SE JORDAN AV SEHIGHWAY 13Scott County GIS
Ü
15981 Jordan Avenue SE Conditional Use Permit (CUP)Location Map
UPPER PRIOR LAKEGD
(904)
ARTICLAKE
NE(906.7)
MARKLEYLAKE
RD( )
Upper Prior Lake
Scott County GIS
SUBJECTPROPERTY
SUBJECTPROPERTY