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HomeMy WebLinkAbout1140-21 CUP 5491 Adams StreetMOUNDS VIEW PLANNING COMMISSION RESOULTUION 1140-21 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVING OF A CONDITIONAL USE PERMIT FOR AN ANIMAL BOARDING FACILITY, 5491 ADAMS STREET (PLANING CASE CU2021-004) WHEREAS, the applicant, Paul Holt, representing the property owner (Bbak Ventures, LLC) has applied for a Conditional Use Permit for an Animal Boarding Facility on property located at 5491 Adams Street, legally described as: P I D: 08-30-23-12-0052 Lot 3, Block 4 of Spring Lake Park Highlands WHEREAS, the property is zoned B-2 Limited Business. Mounds View City Code §160.183(C) requires a Conditional Use Permit for Veterinary clinics, animal clinics and animal boarding facilities within the B-2 district with conditions; 1. Noise and odor are effectively confined to the premises in accordance with Ch. 91 of this code of ordinances; 2. A mechanical ventilation or exhaust system shall be installed to control, capture and remove emissions or odors generated by the use. The systems shall be separate from other ventilation systems in the building. The system shall be designed to prevent the migration of emissions or odors to other parts of the building. Installation must comply with Minnesota Building Code Mechanical Systems, Ch. 1346; 3. All animal boarding activities shall be conducted indoors, except for necessary outdoor exercise. At no time shall any animal be left unsupervised while outdoors; 4. Outdoor exercise shall be conducted so as not to unreasonably annoy, injure or endanger the health, safety, comfort or welfare of the public; 5. All animal boarding facilities shall comply with the nuisance codes established for the city; and 6. All animal boarding facilities shall comply with the state's Pet and Companion Animal Welfare Act (M. S. §§ 346.35 through 346.44, as they may be amended from time to time). WHEREAS, Mounds View City Code §160.450(E) states; "The Planning and Zoning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Its judgment shall be based upon (but not limited to) the following factors": 1. Relationship to Municipal Comprehensive Plan; 2. The geographical area involved, 3. Whether the use will tend to or actually depreciate the area in which it is proposed; 4. The character of the surrounding area; and Page 2 of 3 Res 1140-21 5. The demonstrated need for the use. WHEREAS, Mounds View City Code §160.452(B) establishes the Criteria for granting Conditional Use Permits (Findings in italics): The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area; Finding: The use will not create an excessive burden. 2. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land; Finding: The outdoor kennel will be about 20' set back from adjacent residential property, 2285 Groberg Street, and about 25' set back from the adjacent apartment building. Adequate screening shall be required. 3. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties; Finding: Adequate screening shall be required. 4. The use, in the opinion of the City Council, is reasonably related to the overall needs of the city and to the existing land use; Finding: The need has been demonstrated by the applicant. 5. The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use; Finding: Mounds View City Code §160.183(C) (Veterinary clinics, animal clinics and animal boarding facilities), specific to ventilation requirements, will be addressed through the Building Permit review. 6. The use is not in conflict with the Comprehensive Plan of the city; Finding: Animal Boarding is not specifically addressed in the Comprehensive Plan. It does relate to Land Use Goals and Policies; Goal 1 (Stabilize and strengthen neighborhoods); Ensure redevelopment complements adjacent land uses and character. When considering development, preserve vegetative buffers between different land uses when possible and establish vegetative buffers when none exist. 7. The use will not cause traffic hazards or congestion; Finding: The use will not cause traffic hazards or congestion. 8. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Page 3 of 3 Res 1140-21 Finding: Public utilities are adequate. WHEREAS, a Public Hearing notice was published in the Shoreview Press on November 9, 2021, and mailed to property owners and occupants within 500' of the subject property. The Public Hearing will be held by the City Council on November 22, 2021; and, NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning and Zoning Commission, based upon the above Findings, the Staff Report, and in consideration of public testimony, hereby recommends Approval of a Conditional Use Permit for an Animal Boarding Facility with the following conditions: Animal Boarding shall take place indoors, and shall comply with Mounds View City Code §160.183(C) (Veterinary clinics, animal clinics and animal boarding facilities). 2. Prior to operation, the applicant shall construct a solid fenced (6' — 8' tall) outdoor kennel area behind the building, and behind the garage (requires a Zoning or Building Permit). Screening shall consist of a solid fence and an adequate number of coniferous trees to screen the view of the kennel from the adjacent apartment building, 2285 Groberg Street. The variety, number, size, and location of trees shall be determined by the City Arborist. 3, The Animal Boarding facility operator shall maintain a Commercial Kennel License, issued by the City. NOW, THEREFORE, BE IT FINALLY RESOLVED, that the Mounds View Planning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. ---, Adopted this 31 day of November, 2021 Gary Attest: Community Development Director