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HomeMy WebLinkAboutItem worksession only 02-07-191 City of Lakeville Planning Department Memorandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Copy: Daryl Morey, Planning Director Date: February 1, 2019 Subject: February 7, 2019 Planning Commission Work Session Discussion – Animal Kennels INTRODUCTION Planning Department staff has received applications for an amendment to the Zoning Ordinance and a conditional use permit related to the boarding or kenneling of domestic animals in the C-3, General Commercial District. Section 11-73-7.T allows the keeping of up to 20 dogs in a day-care only setting (not overnight kennels) subject to approval of a conditional use permit. The applicants, Joe Pannkuk and Bill Boldenow, request that the Zoning Ordinance be amended to allow up to 150 dogs in a day care and overnight kennel business. Up to 42 dogs could be kept in overnight kennel facilities based on their proposed floor plan. The applicants are aware they are requesting a significant amendment to the City’s Zoning Ordinance requirements. That includes eliminating or modifying five of the ten existing performance standards listed in Section 11-73-7.T of the Zoning Ordinance. The specific property for the proposed use is located at 16320 Kenrick Loop and includes a 6,500 square foot building, parking lot and outdoor area. Planning Department staff suggested to the applicants that an informal work session with the Planning Commission would allow a setting for the applicants to present their request and information to the Planning Commission for feedback prior to proceeding with scheduling a formal public hearing. The work session also allows staff to provide additional background information and research into how other cities in the area address such facilities in their zoning ordinances. Information and Materials Provided by Applicants. Joe Pannkuk and Bill Boldenow have proposed the use on the subject property that has most recently occupied by a cross-fit training business. The applicants have submitted a written narrative with exhibits that outline their business plans and provide reasons that support their request to amend the Zoning Ordinance to allow more intensive animal kennel business opportunities in the C-2 and C-3 Districts. 2 PLANNING ANALYSIS Zoning Ordinance Requirements. In 2012, the Zoning Ordinance was amended to allow the boarding or kenneling of domestic animals during day time business hours only and limited occupancy for up to 20 animals only in the C-2 and C-3 Commercial Zoning Districts subject to compliance with 10 performance criteria. Prior to 2012, animal kennels in commercial zoned properties were allowed only in association with a veterinary clinic. All other commercial kennels were allowed as principal uses only in the I-1 and I-2 (Industrial) Districts. Section 11-73-7-T (C-3 District) allows commercial boarding or kenneling of domestic animals subject to approval of a conditional use permit provided 10 specific criteria are met. The applicants request eliminating or modifying five of the 10 criteria: The 10 criteria in the Zoning Ordinance are as follows with proposed changes in bold: 1. The number of animals boarded shall not exceed 20 (150 is proposed). 2. Overnight boarding of animals shall not be allowed and the hours of operation shall be limited to seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. unless extended by the city council as part of the conditional use permit (24 hour kenneling is proposed). 3. An indoor exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. No outdoor exercising of animals shall be permitted (an outdoor exercise area is proposed). 4. A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between (60°) and (75°F) Fahrenheit. 5. A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals (separate kennels, not separate rooms, are proposed). 6. Indoor animal kennel floors and walls shall be made of nonporous materials or sealed concrete to make it nonporous. 7. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day (a waste disposal company would dispose of solid wastes). 8. The appropriate license is obtained from the city clerk and the conditions of section 5-1- 12 (Animals) of this code are met. 9. All state health department and Minnesota pollution control agency requirements for such facilities are met. 3 10. There shall be adequate physical separation within a multiple occupancy building between the animal boarding tenant and other individual tenant spaces to protect public health and safety. Sections 11-86-7.B and 11-87-7.C of the Zoning Ordinance (Industrial Zoning Districts) allow animals kennels by conditional use permit subject to certain minimum criteria. In these districts, the animal kennel must be located in a single occupant building. The business model proposed by the applicants is an allowed use in the I-1 and I-2 Districts with some exceptions. There are no kennel operations currently located in these two industrial zoning districts. The performance criteria under which kennels must operate in the Industrial Districts are as follows: 1. The animal kennel shall be located in a freestanding building. 2. An exercise area at least one hundred (100) square feet in size shall be provided to accommodate the periodic exercising of animals boarded at the kennel. 3. If an outdoor exercise area is provided, it shall be at least one hundred fifty (150) square feet in size and shall be restricted to the exercising of one animal, on leash, under the control of a handler, in the pet exercise area, at a time. 4. Outdoor exercise areas shall be fenced, not less than six feet (6') in height with an additional at least two foot (2') security arm with an internal orientation set at a thirty degree (30°) angle, and shall be of sufficient strength to retain kenneled animals. Said fence shall be located in a side or rear yard and shall provide a complete visual screen from surrounding properties in compliance with section 11-21-9 of this title. Said fence shall be set back at least one hundred feet (100') from any side or rear property line. 5. Outdoor exercise areas must be cleaned at least once a day to prevent the accumulation of animal wastes and the spread of disease. 6. A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75° Fahrenheit. 7. A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. 8. Indoor animal kennel floors and walls shall be made of nonporous materials or sealed concrete to make it nonporous. 9. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. 10. The appropriate license is obtained from the city clerk and the conditions of section 5-1- 12 of this code are met. 4 11. All state health department and Minnesota pollution control agency requirements for such facilities are met. Purpose of the District Restrictions and Performance Criteria. The purpose of the criteria is to insure not only the health and safety of the animals, but also to protect the physical condition of the building and mitigate noise and odors from interfering with the safe and reasonable use of adjacent and nearby properties. The conditional use permit process allows the Planning Commission and City Council to determine the suitability of each individual application to protect public health, safety and welfare from potentially incompatible uses. Other Zoning Districts Where Kennels Are Allowed. Sections 11-46-11.A and 11-47-9. (AP, Agricultural Preserve District and RA, Rural/Agricultural District) allow kennels as secondary uses and subject to approval of an interim use permit. The principal use must be a single- family home, in which it would be expected the kennel operator would reside on the premises. While the kennels located in the Commercial and Industrial Districts have specific criteria under which the kennel must operate, there are no performance criteria specific to the AP and RA Districts. Comparable Analysis. Staff reviewed the ordinance requirements of five nearby cities (Apple Valley, Farmington, Burnsville, Eagan and Bloomington) for comparison to Lakeville’s requirements. All of the cities researched require a conditional use permit to allow animal kennels or animal day care facilities. Most were restricted to industrial type areas, not general commercial districts. No city zoning ordinance had a maximum number of animals that could be kept but most did place maximum limits based on the size and location of the kennel/dog day care business. Staff toured the kennel/dog day care facility in Apple Valley located at 14607 Felton Court. The facility is 13,000 square feet in area and includes overnight kennel and day care services for approximately 80-100 dogs. The owner conveyed that waste control and sound mitigation were the two primary factors at their location. The site includes a 450 square foot relief area where dogs are sent a few times a day. It is located outside on the north side of the building. Liquid wastes are controlled through a design of the fenced outdoor dog run/relief area sloping toward a sanitary sewer valve which the operators can open to drain waste water into as opposed to allowing the waste to drain into public storm sewer or onto adjacent properties. The owner of the facility stated that odor control from both the solid waste or accumulating liquid waste is a daily labor intensive but necessary task. The connection to the sanitary sewer was stated to be a convenient and necessary part of their operations. Their previous location in Apple Valley included an outdoor run/relief area that was known to accumulate frozen urine during the winter months and required twice per year excavation and disposal of the soil and granular material in order to control odor. Staff is concerned about the compatibility of the outdoor run area with surrounding commercial properties. Planning Department staff and the applicants will be present at the work session for this discussion.