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95-8269r q~ RESOLUTION NO. 8269 FINDINGS, CONCLUSION AND DECISION REGARDING APPLICATION FOR COMMERCIAL KENNEL LICENSE AT 710 WEST 66TH STREET BE IT RESOLVED, by the City Council of the City of Richfield, as follows: I. The City Council hereby makes the following findings of fact. FINDINGS OF FACT 1. The City of Richfield (the "City") regulates, by ordinance, certain commercial activities involving dogs and cats. 2. The primary source of such regulations is contained in subsection 905.31 which requires the issuance of a commercial kennel license as a precondition to engaging in "the business of selling, boarding, breeding, showing, treating or grooming dogs or cats..." 3. On or about March 28, 1994, the City received an application for a commercial kennel license (the "Application") from Joel D. Locketz, D.V.M. (the "Applicant." The specific activity for which licensure was sought was the vaccination of dogs and cats at 710 West 66th Street. 4. The Applicant was proposing to sublease space at that address from Pet Food Warehouse. 5. The Application came before the City Council for review and action at its April 25, 1994 meeting. Following a public hearing, the City Council voted to deny the application. 6. At its May 9, 1994 meeting, the City Council reopened its review of the matter in order to consider adoption of findings of fact. The City Council at that time was unable to agree on findings of fact. Accordingly, the matter was referred to a hearing officer who would conduct further inquiry, hold further hearings and report to the City Council. 7. At its June 26, 1995 meeting, the City. Council once again considered the application. Before it on that date were the findings, conclusions and recommendation of the hearing examiner. 8. The Applicant was present at the June 26, 1995 meeting, along with the Applicant's legal representative, and was given an opportunity to present information and respond to inquiries or to comments from others who were present and gave information. Resolution No. 8269 -2- 9. The Application was opposed by a number of individuals, including individuals who were engaged in the practice of veterinary medicine in the area, and such individuals were given the opportunity to provide both written and oral information to the City Council. 10. The area where the licensed activity is proposed to occur is a strip type shopping center located at the intersection of 66th Street and Lyndale. The center, which has been open for business for less than 10 years, has been very successful in terms of the volumes of traffic and patrons it has attracted. The center is served by a large common parking area which lies in front of the shops. The parking area is frequently near maximum capacity. The shopping center also houses a restaurant. 11. Pet Food Warehouse, the tenant and principal occupant of the premises, operates a retail outlet at this location. One of the special features of the Pet Food Warehouse operation is that customers are encouraged to bring their pets with them when they shop. Applicant's activity would be conducted in a portion of the premises which has separate entrances and exits; however, neither the Applicant nor the operators of Pet Food Warehouse indicated any plans to restrict entrance and exit to the vaccination clinic from the store. 12. The shopping center which would house the proposed activity is part of an area which is zoned Planned Multiple Residential (PMR). The City Council is given great latitude in reviewing proposals for uses within PUD districts, and is given discretion to plan the assemblage and combination of uses in a manner which would not be available to it in traditional zoning districts. Section 530.05 of the Richfield Ordinance Code provides in relevant part. "530.05. Integrated design. The PUD will consist of a harmonious selection of use in grouping of buildings, services, parking areas, traffic and pedestrian circulation and open spaces and shall be planned and designed as an integrated unit." II. The City Council hereby makes the following conclusions. CONCLUSIONS 1. The uses of land are regulated primarily through zoning and licensing. The two forms of regulation should be viewed as complimentary to one another. Both are intended to preserve, protect and promote the public health, safety and welfare. The Council concludes that the activity for which the proposed license is required will contribute to the intensification of a pattern of uses at shopping center which poses significant difficulties in integration and harmonization. At best, excessive monitoring and enforcement activities may be required, at worst, harm to the public safety and welfare and economic damage to the shopping center may result. Resolution No. 8269 -3- 2. The Council is concerned that permitting the licensed activity to occur at a location which uses one of the busiest parking lots and at one of the busiest intersections of the city, may create risks to public safety. Notwithstanding existing leash and restraint regulations in the city, some owners of pets do on occasion allow their pets to be at large. The risk of injury or harm is magnified in the close confines of the busy parking area which would serve the licensed activity. 3. The Council is further concerned that permitting the licensed activity at the proposed location may create risks to public health. Because of the size of the parking area, the prompt removal of animal feces will be very difficult. Permitting the licensed activity would heighten the risk that animal feces may be tracked into the center's restaurant and the potential for food contamination. 4. Although the clinic is proposed to only vaccinate well animals, the availability of a veterinarian may prompt individuals to bring in sick animals for examination. This will have the effect of exposing the other animals at Pet Food Warehouse, and products which are sold there, to illness. III. Based upon the foregoing, each of which serves as an independently adequate basis, the Council hereby makes the following decision. DECISION The Application for a commercial kennel license by Joel D. Locketz, D. V. M. to allow the vaccination of animals at 710 West 66th Street is hereby in all respects DENIED. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of August, 1995. ATTEST: -j~ /?I::,~ Thomas P. Ferber, City Clerk