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.--. 4.0 BACKGROUND: .-. 2 5.1 In June 2007, Rosedale Commons LP received approval of a CONDITIONAL USE 3 PERMIT for a PetSmart store to occupy the former CompUSA tenant space within 4 Rosedale Commons, the mall across County Road B2 from Rosedale. 5 6 5.2 The approved CONDITIONAL USE PERMIT did not support the inclusion of a"doggie 7 day camp or daycare" ar the boarding of cats and dogs, because of concerns/issues raised 8 pertaining to the number anticipated by PetSmart and the number acceptable by the 9 Community Development Department. The applicant and PetSmart were encouraged to 10 apply for an amendment should they continue to desire said uses within the site. 11 12 5.3 Since that date, staff has been working with Faegre and Benson LLP (attorneys for 13 PetSmart) on the necessary Code modifications to consider allowing pet boarding and 14 doggie day care. The City Planner with the assistance of the City Attorney has concluded 15 that the definition of "Dog Kennel" must be modified and that pet boarding and do��ie 16 day camp and/or daycare be added as accessory uses to Pet and Pet Supply Store in order 17 to be allowed via an approved CONDITIONAL USE PERMIT. 18 19 5.0 REVIEW of REQUEST: 20 5.1 Faegre and Benson seeks approval of a TEXT AMENDMENT to Section 1002 21 (Definitions) pertaining to Dog Kennels and Section 1005 (Use Table) allowing pet 22 boarding as an accessory use in a Pet and Pet Supply Store. The Applicant further seeks 23 an AMENDMENT to the previously-approved CONDITIONAL USE PERMIT to 24 support the boarding of up to 108 dogs, 15 cats and a doggie day camp/daycare facility 25 capable of accommodating up to 70 dogs. 26 27 5.2 PetSmart will occupy the 25,870 sq. ft. (approximately) former Comp USA tenant space 28 at Rosedale Commons Shopping Center 2480 Fairview Avenue. Rosedale Commons 29 Shopping Center has a Comprehensive Land Use Map and Zoning map designation of 30 SC, Shopping Center. 31 32 33 5.3 34 35 ZONING TEXT AMENDMENT: The 1959 definition of a Dog Kennel reads: Any premise where three or more dogs, over four months of age are owned, boarded, bred, and/or offered for sale. 36 5.4 In 1988 the definition of Dog Kennel was amended to read: Any premises where three or 37 more dogs, four months of age are kept except where a special multiple dog license (three 38 ar four dogs) is issued pursuant to Section 145.135, which read: Special Multiple Dog 39 License. Upon issuance of a special dog license, three or four dogs over four months of 40 age may be kept at a licensed premises upon compliance with the following: 41 42 a. 43 44 The iiling of written approval of the occupants of residential property abutting the licensed premises. PF07-063_RCA_011408.doc Page 2 of 7