REQUEST FOR PLANNING COMMISSION ACTION

Department Approval: TP Item Description: REQUEST FOR PLANNING COMMISSION ACTION 1.0 REQUESTED ACTION: DATE: 12/05/07 ITEM NO: 5b Agenda Section: PUBLIC HEARING Request by Faegre and Benson (on behalf of PetSmart) for a TEXT AMENDMENT to Section 1005 of the Roseville City Code and consideration of an AMENDED CONDITIONAL USE PERMIT (PF07-063). 1.1 Faegre and Benson (on behalf of PetSmart) seeks approval of a TEXT AMENDMENT to Section 1002 and 1005 of the Roseville City Code pertaining to Dog Kennels and boarding of animals and an AMENDMENT to PetSmarts CONDITIONAL USE PERMIT to allow the boarding of cats and dogs at their proposed site in Rosedale Commons, 2480 Fairview Avenue. PROJECT REVIEW HISTORY Application Submitted and Determined Complete: October 10, 2007 60 Day Review Deadline: December 9, 2007 60-Day Extension: February 7, 2008 Project Report Recommendation: December 5, 2007 Planning Commission Consideration: December 5, 2007 Anticipated City Council Action: January 14, 2008 2.0 SUMMARY of RECOMMENDATION: 2.1 The Planning Division recommends approval of a ZONING TEXT AMENDMENT to Sections 1002 and 1005 of the Roseville City Code and an AMENDMENT to the PetSmart CONDITIONAL USE PERMIT to allow the pet boarding and doggie daycare within the PetSmart facility at Rosedale Commons shopping center, 2480 Fairview Avenue, subject to the conditions 3.0 SUGGESTED CITY COUNCIL ACTION: 3.1 BY MOTION, approve the request by Faegre and Benson on behalf of PetSmart for a ZONING TEXT AMENDMENT and an AMENDMENT to the PetSmart CONDITIONAL USE PERMIT to allow the pet boarding and doggie daycare within the PetSmart facility at Rosedale Commons shopping center, 2480 Fairview Avenue (see Section 8 for detailed action). PF07-063_RPCA_120507.doc Page 1 of 6

4.0 BACKGROUND: 5.1 In June 2007, Rosedale Commons LP received approval of a CONDITIONAL USE PERMIT for a PetSmart store to occupy the former CompUSA tenant space within Rosedale Commons, the mall across County Road B2 from Rosedale. 5.2 The approved CONDITIONAL USE PERMIT did not support the inclusion of a doggie day camp or daycare or the boarding of cats and dogs, because of concerns/issues raised pertaining to the number anticipated by PetSmart and the number acceptable by the Community Development Department. The applicant and PetSmart were encouraged to apply for an amendment should they continue to desire said uses within the site. 5.3 Since that date, staff has been working with Faegre and Benson LLP (attorneys for PetSmart) on the necessary Code modifications to consider allowing pet boarding and doggie day care. The City Planner with the assistance of the City Attorney has concluded that the definition of Dog Kennel must be modified and that pet boarding and doggie day camp and/or daycare be added as accessory uses to Pet and Pet Supply Store in order to be allowed via an approved CONDITIONAL USE PERMIT. 5.0 REVIEW of REQUEST: 5.1 Faegre and Benson seeks approval of a TEXT AMENDMENT to Section 1002 (Definitions) pertaining to Dog Kennels and Section 1005 (Use Table) allowing pet boarding as an accessory use in a Pet and Pet Supply Store. The Applicant further seeks an AMENDMENT to the previously-approved CONDITIONAL USE PERMIT to support the boarding of up to 108 dogs, 15 cats and a doggie day camp/daycare facility capable of accommodating up to 70 dogs. 5.2 PetSmart will occupy the 25,870 sq. ft. (approximately) former Comp USA tenant space at Rosedale Commons Shopping Center 2480 Fairview Avenue. Rosedale Commons Shopping Center has a Comprehensive Land Use Map and Zoning map designation of SC, Shopping Center. ZONING TEXT AMENDMENT: 5.3 The 1959 definition of a Dog Kennel reads: Any premise where three or more dogs, over four months of age are owned, boarded, bred, and/or offered for sale. 5.4 In 1988 the definition of Dog Kennel was amended to read: Any premises where three or more dogs, four months of age are kept except where a special multiple dog license (three or four dogs) is issued pursuant to Section 145.135, which read: Special Multiple Dog License. Upon issuance of a special dog license, three or four dogs over four months of age may be kept at a licensed premises upon compliance with the following: a. The filing of written approval of the occupants of residential property abutting the licensed premises. PF07-063_RPCA_120507.doc Page 2 of 6

b. The yard of the licensed premises is fenced in such a manner to restrain dogs on the premises from leaving the yard c. Dogs kept on the licensed premises do not create a nuisance by excessive barking or by creating unsanitary conditions. d. Payment of a yearly license fee pursuant to Section 100.030, paragraph 49 of the Code. 5.6 In 1992 Section 145.135 was amended to include a paragraph E, which reads: The Chief of Police may deny requests for renewal of a special multiple dog license based upon complaints received during the proceeding year. In the event of such a denial, the applicant may, within ten days of being advised of the denial, request, in writing, a hearing before the City Council on the denial. 5.7 In 1995 the City Code was codified by Sterling Codifiers, Inc. which process renumbered all previous Code references. This is reflected by the added clause amd. 1995 Code at the end of the Dog Kennel definition in Section 1002 and by the fact that Section 145.135 has become Section 501.20. 5.8 Currently, Section 1002.02 defines a dog kennel as: Any premises where three or more dogs over three months of age are kept, except where special multiple dog license (3 or 4 dogs) is issued pursuant to 501.20 of this Code. 5.9 The Planning Division is of the opinion that there may have initially been the notion of a broader form of dog kennel regulation. However, subsequent amendments to the original definition, specifically eliminating the reference to owned, boarded, bred, and/or offered for sale and the added language referencing residential neighbor s support for kennels of three or four dogs, and fenced in yards, leads the Planning Division to conclude that there is a need to differentiate between a kennel that supports dogs running/exercising outside and the boarding of pets in a controlled indoor environment. 5.10 The City Planner and City Attorney support the amendment of the definition of a Dog Kennel to read: Any premises where three or more dogs over three months of age are kept, except where special multiple dog license (3 or 4 dogs) is issued pursuant to 501.20 of this Code, excluding pet boarding and/or dog day care as an accessory use to pet and pet supply store. 5.11 The City Planner and City Attorney also support the inclusion of pet boarding and/or pet day care as a conditional use in all zoning districts where pet and pet supply stores are permitted or conditional uses. This involves adding those uses to the chart in Section 1005.015 of the City Code and identifying them CUP. PF07-063_RPCA_120507.doc Page 3 of 6

5.12 In support of both the TEXT AMENDMENT and the CUP AMENDMENT are four attachments submitted on behalf of PetSmart by Faegre and Benson. They include a written narrative for each application, analysis of odors at Petsmarts/PetHotels, and a noise survey. 6.0 REVIEW OF CUP AMENDMENT: 6.1 Section 1013.01 requires the City to consider the following criteria when reviewing a Conditional Use Permit: a. Impact on traffic b. Impacts on parks, streets and other public facilities c. Compatibility of the site plan, internal circulation, landscaping and structure with contiguous properties d. Impact of the use on market value of contiguous properties e. Impact on the general public health, safety and welfare f. Compatibility with the City s Comprehensive Plan 6.2 Rosedale Commons is an existing retail center with ample parking, established ingress/egress, and other site improvements required when the Center was initially approved by the City (January 14, 1985). No site improvements are requested nor required for PetSmart to occupy the premises, however the City Planner has determined that review of such a request is not unique in the context of CONDITIONAL USE PERMIT criteria due to the potential impacts created from boarding 108 dogs and 15 cats, and a doggie daycare for up to 70 dogs. 6.3 Traffic. The Community Development Department has concluded that the impacts created by a change in use (pet store with doggie day care and pet boarding) would be negligible. Our experience is that such new uses would add few vehicles to peak hour movements. That being said the 2004, Average Daily Traffic (ADT) on County Road B2 was 18,100 and on Fairview Avenue it was 15,500. 6.4 Compatibility. Had the proposal been to allow outdoor kennel runs for dogs, staff most certainly would conclude that such a use is not compatible in this location and its proximity to residents. However, the proposal is for a fully-enclosed pet (dog and cat) boarding area within the PetSmart store that includes a separate interior access. The facility includes acoustical insulation to eliminate noise created by barking dogs and screeching cats. The facility also includes state-of-the-art waste removal, to eliminate odors for the outside. Thus the City planner has determined the proposed use is an appropriate use for the site and is compatible with surrounding uses. 6.5 Health, Safety, General Welfare. Because the boarding of dogs and cats will occur within the facility with no outdoor exposure, and measures will be implemented to address noise and pet waste, the City Planner has concluded that there appears to be no impact on general public health, safety, and welfare. PF07-063_RPCA_120507.doc Page 4 of 6

6.6 Comprehensive Plan. The additional use, one that has been determined to be accessory to the principal use, is compatible with the Comprehensive Plan designation as a shopping center use. STAFF FINDINGS: 6.7 Section 1013.01 outlines the process and standards for issuance of a conditional use permit. In reviewing this request, staff has made the following findings: a. The use of the property as proposed will have little or no impact on traffic in the area. b. The use of the property as proposed will not have an impact on parks, streets and other public facilities. c. The use of the property as proposed will be compatible with contiguous properties. d. The use of the property as proposed will not have an adverse impact on the market value of contiguous properties. e. The use of the property as proposed will not have an adverse impact on the general public health, safety and welfare. f. The use of the property as proposed is consistent with the City of Roseville s Comprehensive Plan and Title 10 of the City Code (Zoning), including the City s design standards. 7.0 STAFF RECOMMENDATION: 7.1 Based on the findings outlined in Section 6 of this report, staff recommends approval of a ZONING TEXT AMENDMENT to Sections 1002 and 1005 of the Roseville City Code and an AMENDMENT to the PetSmart CONDITIONAL USE PERMIT to allow the pet boarding and doggie daycare within the PetSmart facility at Rosedale Commons shopping center, 2480 Fairview Avenue, subject to the following conditions: A. Pet boarding within PetHotel shall be limited to accommodations for 108 dogs and 15 cats within a 5,012 (+/-) sq. ft. fully enclosed indoor facility. B. There shall be no after-hours pick-up/delivery of pets for boarding purposes; all boarding of pets within PetHotel shall be limited to regular store hours. C. Doggie Day Camp (daytime boarding) shall be limited to 70 dogs and the hours of Monday Friday 7 am to 7 pm and Sunday from 9 am to 5 pm. PF07-063_RPCA_120507.doc Page 5 of 6

D. No outdoor pet exercising/activity shall be allowed. E. The tenant space shall be constructed and/or improved in a manner that does not cause nuisances outside of the premises and which meets the City s noise ordinance. F. Pet waste will be handled in compliance with applicable building and/or health code requirements. 8.0 SUGGESTED PLANNING COMMISSION ACTION: 8.1 BY MOTION, RECOMMEND APPROVAL of a ZONING TEST AMENDMENT to Section 1002 Definitions Dog Kennel to exclude pet boarding and/or day care as an accessory use to pet and pet supply store and Section 1005.015 Use Chart to include pet boarding and/or pet day care as a conditional use in all zoning districts where pet and pet supply stores are permitted or conditional uses, for Rosedale Commons LP and PetSmart within Rosedale Commons shopping center, 2480 Fairview Avenue, based on the comments in Section 5 of the project report dated December 5, 2007; and 8.2 BY MOTION, RECOMMEND APPROVAL of an AMENDED CONDITIONAL USE PERMIT for Rosedale Commons LP and PetSmart allowing pet boarding and a doggie day camp within Rosedale Commons shopping center, 2480 Fairview Avenue, based on the comments findings of Section 6 and conditions of Section 7 of the project report dated December 5, 2007 Prepared by: Thomas Paschke (651-792-7074) Attachments: Location map, narrative, and site plan PF07-063_RPCA_120507.doc Page 6 of 6

1680 1705 IRVIEW AVE N EACON ST Attachment A: Location Map for Planning File 07-063 2550 2551 2552 2551 2550 2551 LR / R1 LR / R1 LR / R1 LR / R1 LR / R1 LR / R1 2544 LR / R1 2545 LR / R1 2544 LR / R1 2545 2545 LR / R1 2544 LR / R1 LR / R1 LR / R1 LR / R1 LR / R1 LR / R1 2545 2544 LR / R1 2545 LR / R1 2544 LR / R1 LR / R1 OAKCREST AVE 1860 / 2525 B / I1 LR / R1 1810 1796 1790 1782 1762 1722 1716 1694 W / R1 LR / R1 LR / R1 LR / R1 LR / R1 LR / R1 LR / R1 LR / R1 LR / R1 LR / R1 LR / R1 LR / R1 LR / R1 LR / R1 LR / R1 LR / R1 1802 1776 1770 1756 1728 1708 1700 1686 LR / R1 B / I1 SC / SC 2495 B / I1 2501 C / I1 2480 SC / SC 1647-1655 SC / SC 2481-2487 2465-2471 B / B3 B / B3 FAIRVIEW AVE N 2480 SC / SC 1723 SC / SC 1715 SC / SC AMERICAN ST 1901 B / I1 SC / SC COUNTY ROAD B2 W 2440 B / SC 1875 B / B2 SC / SC W 2441 B / I1 1705 SC / SC 1700 SC / SC Location Map B / PUD Prepared by: Community Development Department Printed: November 26, 2007 Site Location Comp Plan / Zoning LR / R1 Designations Data Sources & Contacts: * Ramsey County GIS Base Map (10/31/2007) For further information regarding the contents of this map contact: City of Roseville, Community Development Department, 2660 Civic Center Drive, Roseville MN Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 651-792-7085. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. 0 50 100 150 200 Feet mapdoc: planning_commission_location.mxd

AIRVIEW AVE N MILLWOOD AVENUE W Attachment B: Aerial Map of Planning File 07-063 OAKCREST AVE AMERICAN ST (Priv) FAIRVIEW AVE N COUNTY ROAD B2 W Location Map Data Sources & Contacts: Prepared by: Community Development Department Printed: November 26, 2007 Site Location * Ramsey County GIS Base Map (10/31/2007) * Aerial Data: Ramsey County and Martinez Corp (4/2006) For further information regarding the contents of this map contact: City of Roseville, Community Development Department, 2660 Civic Center Drive, Roseville MN Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 651-792-7085. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. 0 50 100 150 Feet