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HomeMy Public PortalAbout2011-039 Resolution Approving CUP for Thomas & Jillene Kingstedt to Operate a Dog DaycareAli Member Pederson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2011-39 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THOMAS AND JILLENE KINGSTEDT TO OPERATE A DOG DAYCARE, BOARDING AND GROOMING FACILITY 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, Thomas Kingstedt and Jillene Kingstedt (the "Applicants") have requested approval of a conditional use permit to own and operate a dog daycare, boarding and grooming facility known as PupTown at 810 Tower Drive; and WHEREAS, the conditional use permit was reviewed by the Planning Commission on April 12, 2011 and following a public hearing thereon as required by law, the Planning Commission recommended approval, subject to certain terms and conditions; and WHEREAS, the City Council on May 3, 2011 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota, that it should and hereby does approve the request by Thomas Kingstedt and Jillene Kingstedt, for a conditional use permit subject to the following terms and conditions: 1) Proposed construction shall be reviewed for compliance with relevant regulations of the City Code prior to issuance of any building permits. 2) Proposed signage shall be reviewed for compliance with relevant regulations of the City Code prior to issuance of any sign permits. 3) Maximum daycare and boarding occupancy of the facility shall be limited to 60 dogs at a time, excluding animals exclusively on -site for grooming services. 4) All dogs over six months of age staying at the facility shall be spayed or neutered. 5) The unpaved driveway area adjacent to the accessory garage shall not be used for Resolution No. 2011-39 May 17, 2011 parking. Should Applicants wish to use this area for parking, it will need to be paved with either asphalt or concrete. 6) In order to comply with district landscaping requirements and to mitigate visual impacts from the large vinyl privacy fence, Applicants shall plant 12 overstory and 2 ornamental trees, half of which will be at least 8 feet in height. All trees must be of an approved native species as outlined in Medina City Code section 828.41 Subd. 10. 7) At least two of the overstory trees required by condition number 4 above shall be placed to the southeast corner of the privacy fence area to minimize potential noise impacts on surrounding residential properties. 8) 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. 9) The outdoor play area shall not be used between the hours of 8 p.m. and 9 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 - 9 a.m. and 8 - 10 p.m. 10) 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. 11) 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. 12) 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. 13) 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. 14) 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. 15) Outdoor waste storage containers will be sealed, lined, stored within an enclosed area, and not visible from any street or right-of-way. Resolution No. 2011-39 May 17, 2011 2 Dated May 17, 2011. By. i '";* t T. M. Crosby, Jr Mayor Attest: Chad M. Adams, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Siitari and upon vote being taken thereon, the following voted in favor thereof: Crosby, Martinson, Pederson, Siitari And the following voted against same: (Absent: Weir) Whereupon said resolution was declared duly passed and adopted. Resolution No. 2011-39 May 17, 2011