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business within the building is consistent with the definition of indoor dog boarding and indoor dog day care. <br />The only outdoor activity is relief. Given the service nature of the business, licensing and conditional use <br />permit requirements, Staff believes this use is appropriate in the B-1 zoning district. <br /> <br />Conditional Use Permit <br />The Planning Commission recommended approval of the conditional use permit with 5 staff recommended <br />conditions and two added conditions: <br />When the occupancy level for three consecutive months exceed 50% of capacity, the business shall be <br />staffed overnight. Capacity of the facility is 72 dogs (1 dog per 85 square feet. 6160 square feet/ 85 = 72). 50% <br />capacity is 36 dogs (72 x 0.5 = 36). <br />A 24 hour contact number shall be provided that can promptly respond to concerns. <br /> <br />Concerns <br />The primary concerns raised thus far have focused on noise generated by barking dogs, and the concern that <br />this sound could continue unabated for any length of time. These concerns have been received wither during <br />the numerous public hearings or via phone call. To date, one letter in opposition has been received, <br />attached. <br /> <br />Staff has spoken with the planners in Richfield, Minnetonka, Medina, and Plymouth, they have reported <br />similar concerns during their review process. Once operational, these businesses have generated no <br />complaints. The Commission, given the sound mitigation measures proposed for the building, seemed <br />comfortable with sound indoors, but concerns outdoors remain. The condition that dogs outdoors be <br />supervised at all times is intended to address that concern, as is the capacity related condition. <br /> <br />The applicants were encouraged to reach out to the neighboring properties to provide more information, and <br />to hear their concerns first hand. The applicants were unable to connect with the property owners after <br />repeated attempts, but a letter was sent to the property owners. This letter is attached. <br /> <br />COUNCIL ACTION REQUESTED: <br />Staff recommends the following: <br />1. Approval of the B-1 zoning ordinance as drafted <br />2. Approval of the Conditional Use Permit to include following conditions: <br />a. The use is a listed permitted or conditional use in the B-1 zoning district. <br />b. The operator shall maintain the annual kennel license. Failure to maintain the kennel <br />license shall render the Conditional Use Permit lapsed. <br />c. Dogs shall be supervised while outdoors at all times. <br />d. The trash enclosure shall be constructed of materials consistent with the principal <br />structure and located as approved by staff. <br />e. A solid 6’ fence shall be constructed between the subject property and the adjacent <br />residential properties. <br />f. When the average occupancy level for three consecutive months exceed 50% of <br />capacity, the business shall be staffed overnight. Capacity of the facility is 72 dogs (1 <br />dog per 85 sq ft. 6160 sqft/ 85 = 72). 50% capacity is 36 dogs (72 x 0.5 = 36). <br />g. A 24 hour contact number shall be provided that can promptly respond to concerns. <br />3. Direction to prepare a resolution for approval or denial for consideration at the next City Council <br />meeting.