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Planning Commission Meeting <br />Minutes – Wednesday, June 6, 2007 <br />Page 5 <br /> <br /> <br />Ayes: 6 <br />Nays: 0 <br />Motion carried. <br /> <br />Chair Bakeman advised that the application would go before the City Council for <br />consideration at their June 18, 2007 regular meeting. <br /> <br />b. PLANNING FILE 07-026 <br />CONDITIONAL USE PERMIT <br />Request by Rosedale Commons LLP for approval of a <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 /> <br />Chair Bakeman opened the Public Hearing for Planning File 07-026. <br /> <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 /> <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 /> <br />APPROVAL <br />Staff recommended , based on comments and findings of Section 5 and <br />conditions of Section 6 of the project report dated March 7, 2007. <br /> <br />Chair Bakeman questioned provisions in Schedule A regarding overnight boarding <br />services and services conducted without a licensed veterinarian. <br /> <br />Mr. Paschke noted that this would be part of the licensing applications through the <br />state or county, as per his discussions with the City’s Finance Director regarding <br />licensing issues, and not implicating the land use issue before the Planning <br />Commission. <br /> <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 staff’s intent to recommend occupancy of PetSmart and those uses <br />listed in Schedule A, Description of the Request. <br /> <br />Applicant Representatives <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 /> <br />Senior Counsel for PetSmart, Ellen S. Frank, Senior Counsel, Land Use and <br />th <br />Real Estate, 19601 N 27 Avenue, Phoenix, AZ 85027 <br /> <br /> <br />