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i <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />50 <br />51 <br />52 <br />53 <br />54 <br />55 <br />56 <br />-� --� <br />b. PLANNING FILE 07-026 <br />Request by Rosedale Commons LLP for approval of a CONDITIONAL USE PERMIT <br />to allow PetSmart (pet and pet supply store) as a tenant in the former CompUSA <br />space within Rosedale Commons Shopping Center, 2480 Fairview Avenue. <br />Chair Bakeman opened the Public Hearing for Planning File 07-026. <br />City Planner Thomas Paschke reviewed the request of Rosedale Commons LP, <br />seeking approval for a"pet and pet supply store: within Rosedale Commons Shopping <br />Center. CompUSA has or will be vacating their tenant space within the Center and <br />PetSmart desires to occupy the 25,870 square foot space and operate a facility that <br />would include a pet and pet supply retail area, veterinary health area, pet hotel/doggie <br />day care, grooming area, and training area. <br />Mr. Paschke advised that the Shopping Center has a Comprehensive Land Use Map <br />and Zoning Map designation of SC, Shopping Center, and the Address Map Book <br />distributed by the Community Development Department indicates the property is <br />zoned Planned Unit Development (PUD); however, Planning staff review of historical <br />documents conclude that the property is incorrectly identified and is actually zoned <br />Shopping Center District (February 11, 1985, Ordinance NO. 967). <br />Staff recommended APPROVAL, based on comments and findings of Section 5 and <br />conditions of Section 6 of the project report dated March 7, 2007. <br />Chair Bakeman questioned provisions in Schedule A regarding overnight boarding <br />services and services conducted without a licensed veterinarian. <br />Mr. Paschke noted that this <br />state or county, as per his <br />licensing issues, and not <br />Commission. <br />would be part of the licensing applications through the <br />discussions with the City's Finance Director regarding <br />implicating the land use issue before the Planning <br />Additional discussion among staff and Commissioners included consistencies and <br />appropriateness of pet stores and pet-related issues for a Conditional Use Permit <br />(CUP); city, state, and federal law provisions and requirements for licensing of such <br />facilities; and staffs intent to recommend occupancy of PetSmart and those uses <br />listed in Schedule A, Description of the Request. <br />Auulicant Renresentatives <br />Premise Owner Representative, Jeffrey W. Jones, Attorney at Law, representing <br />Shopping Center; Fabyanske, Westra, Hart & Thomson, P.A., Suite 1900, 800 <br />LaSalle Avenue, Minneapolis, MN 55402 <br />Senior Counsel for PetSmart, Ellen S. Frank, Senior Counsel, Land Use and <br />Real Estate, 19601 N 27`" Avenue, Phoenix, AZ 85027 <br />Ms. Frank provided several bench handouts for Commission review at their leisure, <br />including a DVD personalized tour of a PetSmart facility; and a letter dated September <br />9, 2006 by Dominion Environmental Consultants, Inc. with results of a noise survey <br />conducted by the firm on August 19, 2006. <br />Mr. Jones requested that the CUP stipulate the uses permitted. <br />Ms. Frank summarized the operation of a PetSmart facility, as a full-service pet store, <br />with all needs from adoption through boarding, grooming, training and housing. Ms. <br />