Loading...
HomeMy WebLinkAboutCity Council Resolution 2007-234CITY OF PLYMOUTH RESOLUTION 2007-234 APPROVING A SITE PLAN AMENDMENT AND CONDITIONAL USE PERMIT FOR A DOG DAY/OVERNIGHT BOARDING BUSINESS WITH AN OUTDOOR PLAY AREA AND AN 8 -FOOT HIGH FENCE FOR CAMP BOW WOW LOCATED AT 2067 EAST CENTER CIRCLE, BUILDING 6 (2007033) WHEREAS, Camp Bow Wow is requesting approval of a site plan amendment and conditional use permit to allow a dog day/overnight boarding business with an outdoor play area and an 8 - foot high fence at 2067 East Center Circle, Building 6, for property legally described as: That part of Lot 1, lying Northwesterly of the Southeasterly 600 feet thereof and lying Southwesterly of a line parallel with and 400 feet Southwesterly of the Northeasterly line of said Lot I and the same extended, except the Northwesterly 152 feet of the Southeasterly 752 feet of the Southwesterly 100 feet of the Northeasterly 500 feet of Lot 1; All of Lot 6; That part of Lots 2, 4, 5 and 7 lying Northerly of the following described line, to wit: Beginning at the Southwest corner of said Lot 1; thence Northwesterly along the Southwesterly line of said Lot 1, a distance of 318.17 feet; thence Northwesterly 700.36 feet on a tangential curve to the left, having a radius of 640.97 feet and a central angle of 62 degrees, 36 minutes, 25 seconds to a point 20 feet North of the North line of Lot 2; thence Westerly parallel with the North line of Lot 2 a distance of 144.42 feet; thence Northwesterly along a tangential curve to the right, having a radius of 408.88 feet and a central angle of 86 degrees, 40 minutes, a distance of 500.58 feet to the North line of Lot 4, Block 1, and there terminating; All in Block 3, Minneapolis Industrial Park, according to the plat thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota. Together with benefits contained in a Declaration dated July 28, 1961, filed August 21, 1961, as Document No. 3304252 and as amended by Document Nos. 3338869 and 4578423. WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval. Resolution 2007-234 File No. 2007033 Page 2 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Camp Bow Wow for a site plan amendment and conditional use permit for property located at 2067 East Center Circle, Building 6, subject to the following conditions: 1. A site plan amendment and conditional use permit are approved for an outdoor play area with an 8 -foot fence and a dog day/overnight boarding business, in accordance with the application and materials received by the City on March 22, 2007, except as amended by this resolution. 2. Approval of the site plan amendment and conditional use permits are contingent on approval of the zoning ordinance text amendment to allow "dog day/overnight boarding" in the I-2 (General Industrial) zoning district by conditional use permit. 3. The conditional use permit to allow a dog day/overnight boarding business with an outdoor play area and 8 -foot high fence is approved with the finding that the proposed use meets the specific standards for a dog day/overnight boarding use as follows: a) The dog boarding business would be located roughly 1,800 feet from the nearest residential property line where 500 feet is required. b) The applicant shall constrict an 8 -foot solid vinyl fence to enclose the outdoor play area. c) The applicant shall keep all dogs indoors during overnight boarding. d) The applicant shall obtain a commercial kennel license prior to the issuance of any building permits. 4. The conditional use permit to allow a dog day/overnight boarding use is approved with the finding that the proposed use meets the applicable general conditional use permit standards, as follows: a) The subject site is guided IP (Planned Industrial). The Comprehensive Plan states that I- 2 uses are consistent with IP (Planned Industrial) guiding. Therefore, provided that the zoning ordinance text amendment is approved, the use of the subject site for a dog day/overnight boarding business would be consistent with the City's Comprehensive Plan. b) The dog day/overnight boarding business would not be detrimental to or endanger the public health, safety, morals, or comfort. The outdoor play area would be screened from all views with an 8 -foot solid vinyl fence and would contain a pea gravel floor, which would be raked on a regular basis for waste disposal. Resolution 2007-234 File No. 2007033 Page 3 c) The dog day/overnight boarding use would not be injurious to the use and enjoyment of immediately surrounding properties nor would it diminish and impair property values within the neighborhood. The site is located in an existing industrial area and the adjacent uses are primarily warehouse. The closest building to the subject building is 450 feet away. In addition, a solid 8 -foot fence would be constricted to screen the outdoor play area. The fence would reduce exterior noise and smell. The applicant would also regularly dispose of any waste in the facility. d) The surrounding properties are developed and the operation of a dog day/overnight boarding business with an outdoor play area would not impede improvement of the surrounding industrial properties. e) The subject site is adequately served by public facilities, including the roadway network. f) The dog day/overnight boarding use and outdoor play area would comply with the development regulations in the I-2 Zoning district. g) The use is consistent with the performance standards outlined in Section 21015.04 of the Zoning Ordinance. 5. A separate building permit is required prior to any interior construction and prior to construction of the 8 -foot fence. To ensure stability of the 8 -foot high fence, the applicant shall provide a design that has been approved by a structural engineer showing that the fence will withstand a 90 mile per hour wind. 6. Prior to issuance of a building permit, the applicant shall obtain a commercial kennel license. 7. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. 8. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 9. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started constriction of the project, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Sections 21015.07 and 21045.09 of the Zoning Ordinance. ADOPTED by the City Council on May 22, 2007. Resolution 2007-234 File No. 2007033 Page 4 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on May 22, 2007 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk