Loading...
HomeMy Public PortalAbout2015-030 Resolution Approving an Amended CUP for 810 Tower DriveMember Martin introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2015-30 RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR THOMAS AND JILLENE KINGSTEDT (DB/A PUPTOWN) AT 810 TOWER DRIVE WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, on May 17, 2011, the City adopted Resolution 2011-39, granting a conditional use permit to Thomas Kingstedt and Jillene Kingstedt (the "Applicants") to operate a dog daycare, boarding and grooming facility known as PupTown at 810 Tower Drive, which is legally described as Lot 3, Block 1, Grier Industrial Park, Hennepin County, Minnesota (the "Property"); and WHEREAS, the Applicants have requested an amendment to the conditional use permit to increase the maximum number of dogs which were permitted to be kept on the Property pursuant to Resolution 2011-39; and WHEREAS, the amended conditional use permit was reviewed by the Planning Commission on March 10, 2015 and following a public hearing thereon as required by law, the Planning Commission recommended approval, subject to certain terms and conditions; and WHEREAS, on April 7, 2015, the City Council reviewed the request for conformance with city ordinances, considered the recommendations of the Planning Commission and heard comments from the Applicants and other interested parties; and WHEREAS, the City Council finds the Applicants have successfully demonstrated they meet the criteria necessary to grant a conditional use permit as described in Section 825.39 of the City Code and also demonstrated compliance with relevant requirements for the proposed use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota, that it should and hereby does approve an amended conditional use permit for Thomas Kingstedt and Jillene Kingstedt subject to the following terms and conditions: 1) Maximum occupancy of the facility shall be limited to 90 dogs at a time between the hours of 7 a.m. and 8 p.m. and overnight boarding shall be limited to 70 dogs at a time. These maximums shall exclude animals exclusively on -site for grooming services. If the outside play area is not freely accessible for the animals during daytime hours, the maximum number of dogs shall be reduced to 60. 2) All dogs over six months of age staying at the facility shall be spayed or neutered. Resolution No. 2015-30 April 21, 2015 3) Impervious, washable materials shall be required for floor finishes and wall finishes below a height of 24" in all areas where animals will commonly be located. 4) The outdoor play area shall not be used between the hours of 8 p.m. and 8 a.m. daily, with the exception of allowing the animals out in small groups (no more than six) for bathroom breaks between the hours of 6:30 - 8 a.m. and 8 - 10 p.m. 5) Applicants agree to limit noise impacts from the outdoor play area to comply with standards for noise pollution as adopted by the Minnesota Pollution Control Agency and authorized by Minnesota Statute 116.07. 6) Animals within the outdoor play area shall be under direct staff supervision at all times, at a ratio of no more than 25 dogs per employee, and dogs which bark frequently shall be kept indoors. 7) The Applicants acknowledge that City regulations are intended to control noise and reduce negative impacts of the use on surrounding properties. The limitations agreed to under this conditional use permit are the minimum deemed necessary to accomplish the above based on the Applicants' plans and application. The parties agree, however, that the City retains the right to place additional or amended restrictions on the outdoor play area, including limiting the number of dogs outside at a time, requiring a minimum ratio of employees to dogs and other factors the City may deem necessary in the interest of reducing noise impacts from the outdoor play area. 8) Waste in the indoor and outdoor areas shall be promptly picked up and placed in lined and sealed containers. Veterinary waste such as medications or syringes shall be disposed of in accordance with MPCA and OSHA regulations. 9) In the event grass coverage is not maintained in the play area and dirt is exposed, the Applicants shall install wood chips or another pervious ground cover approved by the City. 10) Outdoor waste storage containers will be sealed, lined, stored within an enclosed area, and not visible from any street or right-of-way. BE IT FURTHER RESOLVED that Resolution 2011-39 is hereby rescinded, the conditional use permit and all relevant terms and conditions of said resolution having been incorporated herein. Resolution No. 2015-30 2 April 21, 2015 Dated: April 21, 2015. Attest: By: Scott T. Johnson, City Administrator -Clerk By: Bob Mitchell, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Anderson and upon vote being taken thereon, the following voted in favor thereof: Anderson, Cousineau, Martin, Mitchell, Pederson And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2015-30 3 April 21, 2015