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Home My WebLink About04-18-19CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES April 18, 2019 Chair Kaluza called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Chair Pat Kaluza, Scott Einck, Jenna Majorowicz, Jeff Witte, Jason Swenson, Ex-officio Mike Lamm Members Absent: Karl Drotning, Brooks Lillehei Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The April 4, 2019 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey reminded the Planning Commission and informed the audience that the May Planning Commission meetings have been rescheduled to May 9th and May 23rd. Mr. Morey also reminded the Planning Commission members that if they haven’t filled out the Advisory Appreciation Event survey yet, to please do so before Friday, April 19 at 4:30 pm. 5. Jobi Properties Chair Kaluza opened the public hearing to consider the application of Jobi Properties for the following, located at 16320 Kenrick Loop: A. An amendment to Sections 5-1- 12-1, 11-72-7.T, 11-73-7.T, 11-75-7, 11-86-7.B and 11-87-7.C of the Lakeville City Code regarding commercial animal kennels; and B. Conditional Use Permit to allow a commercial dog kennel in the C-3, General Commercial District. Joe Pannkuk and Bill Boldenow presented an overview of their request. Mr. Boldenow expressed appreciation for Planning staff working with the two of them regarding their application. He indicated that dog day cares are becoming more popular all over the Twin Cities area. Potential customers want to be able to let their dogs run and socialize during the day and also have the opportunity to kennel them at night in a safe environment. He and Mr. Pannkuk feel that being close to I-35 in the C-3, General Commercial District is an advantage for them so that customers can drop off their dog and be able to easily access the freeway. Planning Commission Meeting Minutes, April 18, 2019 Page 2 Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the applicants are requesting a conditional use permit (CUP) to allow a commercial dog kennel in the C-3, General Commercial District and amend the Zoning Ordinance to allow more than 20 dogs in both day care and overnight kenneling in the C-3 District. Mr. Dempsey indicated that Planning Commission work sessions were held on February 7 and March 7, 2019 to discuss the merits of the applicant’s proposal. Mr. Dempsey stated that planning consultant Daniel Licht of TPC reviewed the ordinance requirements of 12 Twin Cities area cities to understand how those cities regulate animal kennels. It was determined that most cities researched require a CUP and/or license to allow animal kennels or animal day care facilities. Most were restricted to industrial type areas. None of the city ordinances had a maximum number of animals that could be kept but most have performance standards based on the size and location of the kennel/dog day care business. Mr. Dempsey reviewed the Zoning Ordinance amendment that is being proposed with this application. The applicant is requesting that five of the 10 criteria listed in Sections 11-72-7.T and 11-73-7.T be amended, which are listed in detail in the April 12, 2019 planning report. The state of Minnesota requires a kennel permit and that is the permit the applicant will follow. A City kennel license is proposed to be stricken from the City Code. Mr. Dempsey stated that amendments to the O-P, Office Park District, the I-1, Light Industrial and I-2, General Industrial District are also being recommended. The changes to the O-P, I-1, and I-2 districts include allowing animal kennel facilities to locate in multi-tenant buildings and to allow a reduced setback for any outdoor run/relief area. A conditional use permit will still be required. Mr. Dempsey stated a proposed floor plan has been submitted by the applicants that identifies a large indoor dog play room, kennels toward the east side of the building, and various office and storage spaces. The proposed dog relief area will be constructed on a sloped concrete slab on the south side of the building. Engineering Division staff will review the design of the outdoor relief area. Planning Department staff has determined that the site plan and floor plan meet the requirements set forth by the draft Zoning Ordinance amendment. The survey/site plan submitted by the applicants proposes a maximum Impervious surface area of 60.1%. The property is located in the Crystal Lake Watershed District, which restricts impervious surface area of a property to a maximum of 70%. The 6,500 square foot building will require 29 parking spaces. The applicants are proposing 32 parking spaces. All parking spaces and drive aisles meet Zoning Ordinance requirements. Mr. Dempsey stated that the applicants have requested their business hours to be 6:00 a.m. to 10:00 p.m. Stipulation #5 will be amended to read: Planning Commission Meeting Minutes, April 18, 2019 Page 3 5. Business hours shall be limited to the hours of 7:00 6:00 a.m. to 10:00 p.m. Overnight kenneling shall be allowed. Mr. Dempsey stated that Planning Department staff recommends approval of the Zoning Ordinance amendment and the CUP to allow a commercial dog kennel in the C-3, General Commercial District located at 16320 Kenrick Loop, subject to the six stipulations listed in the April 12, 2019 planning report, as amended, and adoption of the Findings of Fact dated April 18, 2019. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Swenson, seconded by Witte to close the public hearing at 6:16 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. Discussion points included: • Commissioner Witte asked the applicant and Mr. Dempsey about the State licensing regulations. Mr. Boldenow and Mr. Dempsey indicated that the State has a higher level of regulation than the current City Code, which is proposed to be eliminated, including but not limited to: veterinary care, control of pests, care of the kennel premises, ventilation, temperature, confinement areas, and record keeping, to name a few. • Commissioner Swenson reiterated that the Planning Commission had two work sessions that were open to the public where the Zoning Ordinance requirements were discussed. He asked Mr. Dempsey if the Zoning Ordinance amendment will allow dog kennels in any commercial district? Mr. Dempsey stated they would be allowed only in the C-2 and C-3 Districts, by conditional use permit. Every CUP application will be reviewed individually for compliance with the proposed performance standards. • The Commissioners agreed with the request for the amended hours of operation. Motion was made by Swenson, seconded by Witte to recommend to City Council approval of an amendment to Sections 5-1-12-1, 11-72-7.T, 11-73-7.T, 11-75-7, 11- 86-7.B and 11-87-7.C of the Lakeville City Code regarding commercial animal kennels and a conditional use permit to allow a commercial dog kennel in the C-3, General Commercial District, subject to the following six stipulations, as amended, and adoption of the Findings of Fact dated April 18, 2019. 1. A building permit shall be issued prior to commencement of the building remodel for the proposed dog kennel. 2. The site shall be developed in accordance with the approved site plan prior to building occupancy. Planning Commission Meeting Minutes, April 18, 2019 Page 4 3. The outdoor dog exercise/relief area shall be designed subject to Engineering Division recommendations on the sanitary sewer and storm sewer design. 4. A sewer access unit determination and related fee assessed by Metropolitan Council Environmental Services shall be submitted to the City prior to submittal of a building permit. 5. Business hours shall be limited to the hours of 6:00 a.m. to 10:00 p.m. Overnight kenneling shall be allowed. 6. The dog kennel use shall operate under the terms of the Zoning Ordinance requirements to allow animal kennels in the C-3 District as adopted by the City Council. Ayes: Swenson, Majorowicz, Kaluza, Einck, Witte Nays: 0 Mr. Morey thanked the applicants for their patience throughout the Zoning Ordinance amendment process. There being no further business, the meeting was adjourned at 6:23 pm. Respectfully submitted, Penny Brevig, Recording Secretary