HomeMy WebLinkAbout5A 15981 Jordan Avenue SE - Suite 100 - CUP Pampered Paws Resort pc report agenda
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: JANUARY 28, 2019
AGENDA #: 5A
PREPARED BY: JEFF MATZKE, PLANNER
PUBLIC HEARING: NO
AGENDA ITEM: CONSIDER A RESOLUTION FOR DENIAL OF A CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT TO ALLOW AN ANIMAL HANDLING BUSINESS
AT 15981 JORDAN AVE SE
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 Planning Commission held a public hearing on January 14, 2019. Comments
and concerns were raised regarding the noise, traffic, parking, and lack of outdoor
green space on the site to conduct the animal handling business. During delib-
eration of the item the Planning Commission voiced opposition to the Conditional
Use Permit request and advised City Staff to prepare a resolution for denial.
Current Circumstances
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.
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.
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c. All principal use activities, including animal boarding, shall be conducted within
a totally enclosed building.
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.
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.
ISSUES: As requested by the Planning Commission, city staff and the City Attorney have
prepared a resolution of denial with findings of fact as stated by the Planning
Commission on January 14, 2019.
ALTERNATIVES: 1. Motion and second to approve a resolution to deny the CUP request based
on the identified findings of fact.
2. Motion and second to approve a resolution approving the CUP request sub-
ject to conditions identified by the Planning Commission.
3. Table this item to a date specific.
ATTACHMENTS: 1. Denial 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
RESOLUTION 19-XXPC
DENIAL OF A CONDITIONAL USE PERMIT TO ALLOW AN ANIMAL HANDLING BUSINESS
AT 15981 JORDAN AVE SE
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:
That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township
115, Range 22, Scott County, Minnesota, described as follows:
Commencing at the southwest corner of said Section 36; thence East along the south
line of said Section 36 a distance of 393.0 feet to the point of beginning; thence
continuing East a distance of 100.0 feet, thence North at right angles a distance of
173.0 feet; thence West at right angles a distance of 100.00 feet; thence South at
right angles a distance of 173.0 feet to the point of beginning.
Abstract Property
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 portions of the Prior Lake City Code; 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 related to the
CUP; and
WHEREAS, A CUP in the C-2 zoning district must meet the conditions for the specific proposed
use in City Code Section 1102.1103 and the general conditions for CUPs in City
Code Section 1108.202; and
WHEREAS, Based upon the information provided by the applicant and the information presented
at the public hearing, the Planning Commission finds the proposed uses do not met
the conditions set forth in the City Code.
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 makes the following findings of fact:
a. The applicant applied for a CUP for retail and animal handling uses including grooming.
b. The application materials state the applicant does not discriminate on what pets they are
willing to see and handle and as such there is no limit to the type or size of animal that might
be present on the property.
c. The applicant stated that animals including dogs could be on the property for up to 10 hours
while the animal’s owner is at work.
d. The property is a small site consisting of only 0.3 acres compared to the minimum lot area
required for the C-2 zoning district which is 0.5 acres as set forth in City Code. The property
is usable for C-2 uses only as a legal nonconforming lot.
e. The property does not meet most of the required setbacks for C-2 zoning district set forth in
City Code Subsection 1102.1105 including the 30-foot front yard setback, 10-foot parking
setback, 60-foot building setback from an adjacent “R” use and 20-foot parking setback from
an adjacent “R” use.
f. The property directly abuts residential uses to the north and east and abuts residential uses
to the south directly across a County road. The property abuts commercial uses to the west
directly across a City street.
g. The property does not have sufficient parking to meet the City Code requirements for
commercial uses. The existing building and parking lot are usable only as legally
nonconforming structures.
h. The property does not contain any green space. The only way to incorporate an outdoor green
space for animals to exercise and relieve themselves is to remove parking which is already
insufficient.
i. Animal handing uses, especially where the animals may be on site for long periods of time,
often result in noise and odor issues for abutting properties. With the accompanying noise and
odor issues the proposed animal handing uses are not compatible with the property due to its
small size, limited setbacks, and abutting residential uses.
j. Animal handing uses, especially where the animals may be on site for long periods of time,
must provide outdoor areas for the animals to exercise and relieve themselves. The proposed
animal handing uses are not compatible with the property due to the complete lack of any
outdoor green space.
k. All animal handing uses, regardless of whether animals are kept overnight, create noise, odor
and animal welfare issues that cannot be sufficiently addressed on the property.
3. The Planning Commission hereby finds that the proposed uses do not meet the conditions in City
Code Section 1102.1103 (11) Animal Handling:
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 property does not contain any outdoor areas for animal runs or exercise areas. The only
way to incorporate outdoor areas would be to reduce the already insufficient parking. There
is no location on the entire property which is 200 feet from the adjacent dwellings.
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.
Due to the small size of the property and the limited setbacks, there is no way to ensure that
the noise and odors from the animal handling uses would not be discernible at the property
line. The existing building contains multiple large garage type doors which are not sufficient
to ensure the noise and odors are contained.
c. All principal use activities, including animal boarding, shall be conducted within a
totally enclosed building.
The principal uses are proposed to occur in a totally enclosed building.
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 property does not contain any outdoor areas for animal runs or exercise areas.
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.
All animals are proposed to be kept in the existing building. The existing building is not 100
feet from adjacent property lines including the property lines to the north and east both of
which are “R” use districts.
4. The Planning Commission hereby finds that the proposed uses do not meet the conditions in City
Code Section 1108.202 Standards for Conditional Uses:
a. The use is not 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.” The proposed uses do not meet these goals due to
the property’s small size, limited setbacks and abutting residential uses. In addition, the lack
of an outdoor area for animals to exercise and relieve themselves does not meet high
standards for animal care. Another objective of the Comprehensive Plan is to “enact and
maintain policies and ordinances to ensure the public safety, health and welfare.” The
proposed uses are likely to create increased noise and odor for surrounding residential uses.
b. The use will be detrimental to the health, safety, morals and general welfare of the
community as a whole.
Due to the limited size of the lot and the lack of outdoor area for animal exercise, the proposed
uses would have detrimental impacts on the entire area.
c. The use is not consistent with the intent and purpose of the Zoning Ordinance and the
Use District in which the Conditional Use is located.
As detailed above, the proposed uses do not meet the conditions for Animal Handling set forth
in City Code Subsection 1102.1103 (11).
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 have undue adverse impacts on the use and enjoyment of properties in
close proximity to the conditional use.
The property is unusually small and has limited setbacks. It is unusually close to multiple
residential uses with little or no room for screening between the uses. Due to the small size
of the property and the limited setbacks, it is likely the noise and odors from the proposed
uses would have an adverse impact on the abutting residential property. In addition, because
the property has no outdoor location for animals to exercise or relieve themselves the abutting
properties are likely to be directly affected.
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 Planning Commission
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 Planning Commission 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 Planning Commission.
5. Due to the denial of the proposed CUP no additional conditions are applicable. Although staff
recommended approval, the Planning Commission identified numerous concerns including the
small size of the property, limited setbacks, close distance to abutting residential uses, no outdoor
space for the animals to exercise or relieve themselves, no limit to kind or size of animals that
might be accommodated, the amount of time animals may be kept on the property and creation
of noise and odor issues for abutting residential uses. Based upon these concerns, the information
presented by the applicant and the findings set forth above, the CUP is hereby denied. 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 28TH 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
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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