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HomeMy WebLinkAboutResolution 24-13PC Spot's Last Stop CUP O� PRIO `. AV v' ,r 4646 Dakota Street SE Prior Lake, MN 55372 �tINNE5O' P RESOLUTION 24-13PC RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW AN ANIMAL HANDLING BUSINESS AT 6025 170TH STREET E Motion By: Ringstad Second By: Yurko WHEREAS, The Prior Lake Planning Commission conducted a public hearing on November 13, 2024 to consider a request from Spot's Last Stop, Inc. for a Conditional Use Permit (CUP) to allow an Animal Handling business at 6025 170'h Street E; and WHEREAS, The property is legally described as: Lot 1, Block 1, Revere Addition, Scott County, Minnesota (P/O PI 259070010); and 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 Subsection 1110.500, 1151.100, and 1151.200 of the Prior Lake Zoning Ordinance. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION, ACTING AS THE BOARD OF ADJUSTMENT, OF PRIOR LAKE, MINNESOTA as follows: 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. One goal of the 2040 Comprehensive Plan is to "maintain and promote safe, sound, and connected land use." The purpose of this goal is to ensure a balanced and well-planned mix of commercial and industrial uses. The Conditional Use Permit review and related conditions of approval finds the Animal Handling use complies with the land use guidance. b. The use will not be detrimental to the health, safety, morals, and general welfare of the community as a whole. Based on staff review, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The conditions of the approving resolution are intended to ensure ongoing protection of the community. 1 c. The use is consistent with the intent and purpose of the Zoning Code and the Use District in which the Conditional Use is located. The conditions set forth in the Zoning Code will be met with the issuance of the Conditional Use Permit and rezoning of the property to C-2, General Business. 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. 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 as long as all conditions of approval are adhered to. 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. The applicant is proposing to utilize an existing building and property which is already developed. No building additions are proposed. The applicant shall comply with Prior Lake City Code and Building Code requirements related to building modifications and planned improvements. 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 applicant is proposing to utilize an existing building and property which is already developed. The applicant is proposing to connect the building to available municipal water and sanitary sewer utilities which are not currently connected. A utility plan prepared by a professional civil engineer registered in the State of Minnesota shall be submitted for review and approval by City staff prior to any utility connection. 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 1151.204. 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 resolution and within a city staff memorandum dated November 4, 2024. 3. The CUP is hereby approved for an Animal Handling business, subject to the following conditions: 1. Animal runs and exercise areas shall be located 200' from any dwellings; 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. 3. All principal activities shall be conducted within the principal structure; except that animal runs may be located outdoors as long as animals are not left in the run overnight. No animals shall be outdoors between the hours of 9:00 p.m. and 8:00 a.m. unless the activity is brief, and the animals are supervised. 2 4. All outdoor animal runs or exercise areas shall be fenced and secured at all times. 5. All buildings in which animals are kept shall be located a minimum of 100' from any residential property line. 6. All animals shall be kept in conformance with City Code Section 801. 7. The applicant shall address all comments in the City staff memorandum dated November 4, 2024 prior to operation of the Animal Handling business. 8. The parcel shall be rezoned to C-2, General Business prior to operation of the Animal Handling business. PASSED AND ADOPTED THIS 13T" DAY OF NOVEMBER 2024. VOTE Tschetter Ringstad Tennison Pasquarette Yurko Aye in Nay ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ ason c etter, Co fission Chair G/ ATTEST: Casey ccabe, Co m unity Development Director 3