HomeMy WebLinkAboutItem 08
Date: Item No.
JOBI PROPERTIES
Proposed Action
Staff recommends adoption of the following motion: Move to approve: 1) an amendment to the City Code
regarding commercial animal kennels and a summary ordinance for publication, and 2) a conditional use
permit to allow a commercial dog kennel in the C-3 District and adoption of the findings of fact.
Overview
Joe Pannkuk and Bill Boldenow of Jobi Properties have submitted applications for an amendment to the
City Code and for a conditional use permit to allow a dog kennel business in the C-3, General
Commercial District located at 16320 Kenrick Loop. Current Zoning Ordinance regulations in the C-2
and C-3 Districts allow the keeping of up to 20 dogs in a day-care only setting (no overnight kenneling)
subject to approval of a conditional use permit. Mr. Pannkuk and Mr. Boldenow are requesting that the
Zoning Ordinance be amended to allow keeping more than 20 dogs in both day care and overnight
kenneling. Planning Department staff and planning consultant Daniel Licht of TPC studied and
compared dog kennel facilities and regulations in several Twin Cities area cities in drafting the proposed
City Code amendment. The conditional use permit application complies with the proposed ordinance.
The Planning Commission held work sessions on February 7 and March 7, 2019 to discuss the proposed
City Code amendment and the business plan prepared by the applicants. A public hearing was held on
April 18, 2019 and the Planning Commission unanimously recommended approval of the City Code
amendment and the conditional use permit, which included allowed businesses hours from 6:00 am to
10:00 pm. There was no public comment at the public hearing.
Primary Issue to Consider
• What zoning districts and performance standards are included in the City Code amendment?
• What procedures will be in place to ensure compatibility with adjacent properties?
Supporting Information
• Ordinance amending the City Code and summary ordinance for publication
• Conditional use permit and findings of fact
• April 18, 2019 Planning Commission minutes
• April 12, 2019 planning report
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Diversified Economic Development
Report Completed by: Frank Dempsey, AICP, Associate Planner
May 20, 2019
Zoning Ordinance
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• What zoning districts and performance standards are included in the City Code amendment?
The City Code amendment includes the C-2, C-3, O-P, I-1, and I-2 districts. The City Code
amendment:
• Eliminates the requirement of a City animal kennel license. A kennel license is currently required
by the Minnesota Board of Animal Health.
• Eliminates the 20 animal limit on the number of animals boarded.
• Allows overnight boarding of animals and extends the hours of operation to 6:00 am-10:00 pm.
• Allows a fenced outdoor exercise area in the side or rear yard that is set back at least 30 feet from all
lot lines and at least 500 feet from any residential district.
• Allows sick or injured animals to be separated from all other animals in a separate room or cage.
• Requires animal waste to be flushed down the sanitary sewer system or picked up by a waste
disposal company. Waste runoff from the outdoor exercise area must be contained and directed to a
waste filtration system or connected to City sanitary sewer.
• What procedures will be in place to ensure compatibility with adjacent properties?
Each conditional use permit application will require staff review of the specific animal kennel location
for compliance with Zoning Ordinance requirements. Potential compatibility concerns with adjacent
properties will be addressed through the findings of fact criteria listed in Section 11-4-3E of the Zoning
Ordinance.
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ORDINANCE NO. _________
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLES 5 AND 11 OF THE LAKEVILLE CITY
CODE.
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
Section 1. Section 5-1-12-1 of the Lakeville City Code (Animals –
Kennels: License Required; Application) is hereby repealed in its entirety with
subsequent sections renumbered accordingly.
Section 2. Section 11-72-7.T of the Lakeville City Code (C-2 District –
Conditional Uses) is hereby repealed in its entirety and the following provisions
added:
T. Commercial kennels for dogs, cats, and other domestic animals provided
that:
1. The facility shall be licensed in accordance with the rules of the
Minnesota Board of Animal Health.
2. Indoor animal kennel floors and walls shall be made of nonporous
materials or sealed to make it nonporous.
3. A room or cage separate from the primary kennel area shall be
provided to adequately separate animals that are sick or injured from
healthy animals.
4. All animal waste shall be disposed of at least once (1) per day to
prevent a public nuisance by being flushed down an existing sanitary
sewer system or enclosed in a container of sufficient construction to
eliminate odors and organisms that shall be emptied by a waste
disposal service a minimum of two (2) times every seven (7) days, or
as otherwise determined to be necessary to protect public health
safety and welfare.
5. A ventilation system shall be provided capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space
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per area dedicated for the keeping of animals, exclusive of offices,
pursuant to chapter 1346 of the Minnesota state building code.
6. Within a multiple tenant building, there shall be adequate physical
separation, including soundproofing, between the kennel and other
individual tenant spaces to protect public health and safety and
prevent nuisance issues.
7. Outdoor exercise areas shall be allowed for a kennel within a single
occupancy building only, subject to the following requirements:
a. The property shall be setback a minimum of five hundred
(500) feet from any residential district.
b. The outdoor exercise area shall be located only within an
interior side yard or rear yard.
c. The outdoor exercise area shall be setback a minimum of
fifteen (15) feet from all lot lines.
d. A solid fence with a minimum height of six (6) feet shall be
provided in compliance with the requirements of Section 11-
21-5 of this title to screen the outdoor exercise area from
surrounding properties and public rights-of-way.
e. The outdoor exercise area shall be contained within a raised
curb to contain waste runoff and must include a waste filtration
bed with once (1) per year excavation and disposal or
connection to the sanitary sewer system.
f. An attendant shall be present at all times to control animals
that are outdoors and prevent nuisance issues including, but
not limited to, noise.
g. No animals shall be allowed to be outdoors between the hours
of 10:00PM and 6:00AM.
Section 3. Section 11-73-7.T of the Lakeville City Code (C-3 District –
Conditional Uses) is hereby repealed in its entirety and the following provisions
added:
T. Commercial kennels for dogs, cats, and other domestic animals provided
that:
1. The facility shall be licensed in accordance with the rules of the
Minnesota Board of Animal Health.
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2. Indoor animal kennel floors and walls shall be made of nonporous
materials or sealed to make it nonporous.
3. A room or cage separate from the primary kennel area shall be
provided to adequately separate animals that are sick or injured from
healthy animals.
4. All animal waste shall be disposed of at least once (1) per day to
prevent a public nuisance by being flushed down an existing sanitary
sewer system or enclosed in a container of sufficient construction to
eliminate odors and organisms that shall be emptied by a waste
disposal service a minimum of two (2) times every seven (7) days, or
as otherwise determined to be necessary to protect public health
safety and welfare.
5. A ventilation system shall be provided capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space
per area dedicated for the keeping of animals, exclusive of offices,
pursuant to chapter 1346 of the Minnesota state building code.
6. Within a multiple tenant building, there shall be adequate physical
separation, including soundproofing, between the kennel and other
individual tenant spaces to protect public health and safety and
prevent nuisance issues.
7. Outdoor exercise areas shall be allowed for a kennel within a single
occupancy building only, subject to the following requirements:
a. The property shall be setback a minimum of five hundred
(500) feet from any residential district.
b. The outdoor exercise area shall be located only within an
interior side yard or rear yard.
c. The outdoor exercise area shall be setback a minimum of
fifteen (15) feet from all lot lines.
d. A solid fence with a minimum height of six (6) feet shall be
provided in compliance with the requirements of Section 11-
21-5 of this title to screen the outdoor exercise area from
surrounding properties and public rights-of-way.
e. The outdoor exercise area shall be contained within a raised
curb to contain waste runoff and must include a waste filtration
bed with once (1) per year excavation and disposal or
connection to the sanitary sewer system.
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f. An attendant shall be present at all times to control animals
that are outdoors and prevent nuisance issues including, but
not limited to, noise.
g. No animals shall be allowed to be outdoors between the hours
of 10:00PM and 6:00AM.
Section 4. Section 11-75-7 of the Lakeville City Code (O-P District –
Conditional Uses) is hereby amended to add the following provisions and
renumber subsequent sections accordingly:
A. Commercial kennels for dogs, cats, and other domestic animals provided
that:
1. The facility shall be licensed in accordance with the rules of the
Minnesota Board of Animal Health.
2. Indoor animal kennel floors and walls shall be made of nonporous
materials or sealed to make it nonporous.
3. A room or cage separate from the primary kennel area shall be
provided to adequately separate animals that are sick or injured from
healthy animals.
4. All animal waste shall be disposed of at least once (1) per day to
prevent a public nuisance by being flushed down an existing sanitary
sewer system or enclosed in a container of sufficient construction to
eliminate odors and organisms that shall be emptied by a waste
disposal service a minimum of two (2) times every seven (7) days, or
as otherwise determined to be necessary to protect public health
safety and welfare.
5. A ventilation system shall be provided capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space
per area dedicated for the keeping of animals, exclusive of offices,
pursuant to chapter 1346 of the Minnesota state building code.
6. Within a multiple tenant building, there shall be adequate physical
separation, including soundproofing, between the kennel and other
individual tenant spaces to protect public health and safety and
prevent nuisance issues.
7. Outdoor exercise areas shall be allowed for a kennel within a single
occupancy building only, subject to the following requirements:
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a. The property shall be setback a minimum of five hundred
(500) feet from any residential district.
b. The outdoor exercise area shall be located only within an
interior side yard or rear yard.
c. The outdoor exercise area shall be setback a minimum of
fifteen (15) feet from all lot lines.
d. A solid fence with a minimum height of six (6) feet shall be
provided in compliance with the requirements of Section 11-
21-5 of this title to screen the outdoor exercise area from
surrounding properties and public rights-of-way.
e. The outdoor exercise area shall be contained within a raised
curb to contain waste runoff and must include a waste filtration
bed with once (1) per year excavation and disposal or
connection to the sanitary sewer system.
f. An attendant shall be present at all times to control animals
that are outdoors and prevent nuisance issues including, but
not limited to, noise.
g. No animals shall be allowed to be outdoors between the hours
of 10:00PM and 6:00AM.
Section 5. Section 11-86-7.B of the Lakeville City Code (I-1 District –
Conditional Uses) is hereby repealed in its entirety and the following provisions
added:
B. Animal kennels for dogs, cats and other domestic animals provided that:
1. The facility shall be licensed in accordance with the rules of the
Minnesota Board of Animal Health.
2. Indoor animal kennel floors and walls shall be made of nonporous
materials or sealed to make it nonporous.
3. A room or cage separate from the primary kennel area shall be
provided to adequately separate animals that are sick or injured from
healthy animals.
4. All animal waste shall be disposed of at least once (1) per day to
prevent a public nuisance by being flushed down an existing sanitary
sewer system or enclosed in a container of sufficient construction to
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eliminate odors and organisms that shall be emptied by a waste
disposal service a minimum of two (2) times every seven (7) days, or
as otherwise determined to be necessary to protect public health
safety and welfare.
5. A ventilation system shall be provided capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space
per area dedicated for the keeping of animals, exclusive of offices,
pursuant to chapter 1346 of the Minnesota state building code.
6. Within a multiple tenant building, there shall be adequate physical
separation, including soundproofing, between the kennel and other
individual tenant spaces to protect public health and safety and
prevent nuisance issues.
7. Outdoor exercise areas shall be allowed for a kennel within a single
occupancy building only, subject to the following requirements:
a. The property shall be setback a minimum of five hundred
(500) feet from any residential district.
b. The outdoor exercise area shall be located only within an
interior side yard or rear yard.
c. The outdoor exercise area shall be setback a minimum of
fifteen (15) feet from all lot lines.
d. A solid fence with a minimum height of six (6) feet shall be
provided in compliance with the requirements of Section 11-
21-5 of this title to screen the outdoor exercise area from
surrounding properties and public rights-of-way.
e. The outdoor exercise area shall be contained within a raised
curb to contain waste runoff and must include a waste filtration
bed with once (1) per year excavation and disposal or
connection to the sanitary sewer system.
f. An attendant shall be present at all times to control animals
that are outdoors and prevent nuisance issues including, but
not limited to, noise.
g. No animals shall be allowed to be outdoors between the hours
of 10:00PM and 6:00AM.
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Section 6. Section 11-87-7.C of the Lakeville City Code (I-2 District –
Conditional Uses) is hereby repealed in its entirety and the following provisions
added:
C. Animal kennels for dogs, cats and other domestic animals provided that:
1. The facility shall be licensed in accordance with the rules of the
Minnesota Board of Animal Health.
2. Indoor animal kennel floors and walls shall be made of nonporous
materials or sealed to make it nonporous.
3. A room or cage separate from the primary kennel area shall be
provided to adequately separate animals that are sick or injured from
healthy animals.
4. All animal waste shall be disposed of at least once (1) per day to
prevent a public nuisance by being flushed down an existing sanitary
sewer system or enclosed in a container of sufficient construction to
eliminate odors and organisms that shall be emptied by a waste
disposal service a minimum of two (2) times every seven (7) days, or
as otherwise determined to be necessary to protect public health
safety and welfare.
5. A ventilation system shall be provided capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space
per area dedicated for the keeping of animals, exclusive of offices,
pursuant to chapter 1346 of the Minnesota state building code.
6. Within a multiple tenant building, there shall be adequate physical
separation, including soundproofing, between the kennel and other
individual tenant spaces to protect public health and safety and
prevent nuisance issues.
7. Outdoor exercise areas shall be allowed for a kennel within a single
occupancy building only, subject to the following requirements:
a. The property shall be setback a minimum of five hundred
(500) feet from any residential district.
b. The outdoor exercise area shall be located only within an
interior side yard or rear yard.
c. The outdoor exercise area shall be setback a minimum of
fifteen (15) feet from all lot lines.
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d. A solid fence with a minimum height of six (6) feet shall be
provided in compliance with the requirements of Section 11-
21-5 of this title to screen the outdoor exercise area from
surrounding properties and public rights-of-way.
e. The outdoor exercise area shall be contained within a raised
curb to contain waste runoff and must include a waste filtration
bed with once (1) per year excavation and disposal or
connection to the sanitary sewer system.
f. An attendant shall be present at all times to control animals
that are outdoors and prevent nuisance issues including, but
not limited to, noise.
g. No animals shall be allowed to be outdoors between the hours
of 10:00PM and 6:00AM.
Section 7. This ordinance shall be effective immediately upon its
passage and publication.
ADOPTED this ____ day of ________, 2019, by the City Council of the City
of Lakeville, Minnesota.
CITY OF LAKEVILLE
BY:_________________________________
Douglas P. Anderson, Mayor
ATTEST:__________________________________
Charlene Friedges, City Clerk
SUMMARY ORDINANCE NO. ______
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 11 (THE ZONING ORDINANCE)
OF THE LAKEVILLE CITY CODE
This ordinance amends Title 5 and Title 11 of the Lakeville City Code. Amendments
have been made to the following sections of Title 5 and Title 11 (the Zoning Ordinance)
concerning:
Title 5 (City Code)
Chapter 1-12 (Animal Kennel: License Required; Application)
Title 11 (Zoning Ordinance)
Chapter 72-7 (C-2 District - Conditional Uses)
Chapter 73-7 (C-3 District - Conditional Uses)
Chapter 75-7 (O-P District - Conditional Uses)
Chapter 86-7 (I-1, District - Conditional Uses)
Chapter 87-7 (I-2, District - Conditional Uses)
A printed copy of the entire ordinance is available for inspection by any person during
the City Clerk’s regular office hours.
Approved for publication by the City Council of the City of Lakeville, Minnesota this
20th day of May, 2019.
CITY OF LAKEVILLE
BY: ________________________________
Douglas P. Anderson, Mayor
ATTEST:
________________________________
Charlene Friedges, City Clerk
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(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT NO. 19- ______
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby
grants a conditional use permit to Jobi Properties to operate an animal (dog) kennel in
the C-3, General Commercial District located at 16320 Kenrick Loop.
2. Property. The conditional use permit is for the following described property in the
City of Lakeville, Dakota County, Minnesota:
Lot 2, Block 1, Jacksons First Addition
3. Conditions. This conditional use permit is issued subject to the following conditions:
a) A building permit shall be issued prior to commencement of the building remodel for
the proposed dog kennel.
b) The site shall be developed in accordance with the approved site plan prior to
building occupancy.
c) The outdoor dog exercise/relief area shall be designed subject to Engineering Division
recommendations on the sanitary sewer and storm sewer design.
d) 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.
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e) Business hours shall be limited to the hours of 6:00 AM to 10:00 PM. Overnight
kenneling shall be allowed.
f) The dog kennel use shall operate under the terms of the Zoning Ordinance
requirements as amended to allow animal kennels in the C-3 District as adopted by
the City Council.
4. Revocation. The City may revoke the conditional use permit for cause upon
determination that the conditional use permit is not in conformance with the conditions
of the permit or is in continued violation of the city code or other applicable regulations.
5. Expiration. This conditional use permit shall expire unless the applicant commences the
authorized use within one year of the date of this conditional use permit unless an
extension is approved by the Zoning Administrator.
DATED: May 20, 2019
CITY OF LAKEVILLE
BY: ________________________
Douglas P. Anderson, Mayor
Seal
BY: ________________________
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this 20th day of May 2019, by
Douglas P. Anderson, Mayor and by Charlene Friedges, City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the corporation.
__________________________
Notary Public
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
JOBI PROPERTIES ZONING ORDINANCE AMENDMENT AND
CONDITIONAL USE PERMIT
FINDINGS OF FACT AND DECISION
On April 18, 2019 the Lakeville Planning Commission met at it’s regularly scheduled
meeting to consider the applications of Jobi Properties for an amendment to Sections 11-72-7.T
and 11-73-7.T (C-2 and C-3 Districts) and Sections 11-75-7, 11-86-7.B and 11-87-7.C (OP, I-1 and
I-2 Districts) and a conditional use permit to allow a dog kennel business in the C-3, General
Commercial District on property located at 16320 Kenrick Loop. The Planning Commission
conducted a public hearing on the proposed Zoning Ordinance amendment and conditional use
permit preceded by published and mailed notice. The applicants were present and the Planning
Commission heard testimony from all interested persons wishing to speak. The City Council
hereby adopts the following:
FINDINGS OF FACT
1. The property is located in Planning District No. 1 of the 2008 Comprehensive Plan, which guides
the property for commercial use.
2. The property is zoned C-3, General Commercial District.
3. The legal description of the property is:
Lot 2, Block 1, Jackson’s First Addition
4. Section 11-3-3E and 11-4-3E of the City of Lakeville Zoning Ordinance provides that a
Zoning Ordinance amendment and conditional use permit may not be issued unless certain
criteria are satisfied. The criteria and our findings regarding them are:
a. The proposed action has been considered in relation to the specific policies and provisions
of and has been found to be consistent with the official City Comprehensive Plan.
Finding: Animal kennels are currently allowed in the C-3, General Commercial District subject
to approval of a conditional use permit. The Zoning Ordinance amendment and proposed dog
kennel use of the property is consistent with the 2030 Land Use Plan and District 1
recommendations of the Comprehensive Plan.
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b. The proposed use is or will be compatible with present and future land uses of the area.
Finding: The proposed dog kennel use subject to the proposed Zoning Ordinance amendment
will be compatible with other commercial uses in the area.
c. The proposed use conforms with all performance standards contained in the Zoning
Ordinance.
Finding: The proposed dog kennel will comply with the requirements of the proposed Zoning
Ordinance for the C-3, General Commercial District.
d. The proposed use can be accommodated with existing public services and will not
overburden the City’s service capacity.
Finding: The subject property lies within in the current MUSA. The property is served with
City sanitary sewer and water. The dog kennel will have no impact on the City’s service
capacity.
e. Traffic generation by the proposed use is within capabilities of streets serving the
property.
Finding: Streets serving the property can accommodate the proposed dog kennel commercial use
proposed for the building.
5. The planning report dated April 12, 2019 prepared by Associate Planner Frank Dempsey is
incorporated herein.
DECISION
The City Council approves the Jobi Properties conditional use permit in the form attached
thereto.
DATED: May 20, 2019
CITY OF LAKEVILLE
BY:_____________________________
Douglas P. Anderson, Mayor
BY:___________________________
Charlene Friedges, City Clerk
CITY 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
1
City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: April 12, 2019
Subject: Packet Material for the April 18, 2019 Planning Commission Meeting
Agenda Item:
1. An amendment to the Lakeville City Code regarding commercial animal kennels.
2. Conditional Use Permit to allow a commercial dog kennel in the C-3, General
Commercial District.
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 this case dogs, in the C-3, General Commercial District. Current regulations for the
C-2, Highway Commercial District and the C-3, General Commercial District allow 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 for the Zoning Ordinance amendment and conditional
use permit are Joe Pannkuk and Bill Boldenow. They request that the Zoning Ordinance be
amended to allow keeping more than 20 dogs in both day care and overnight kenneling in
the C-3 District.
The Planning Commission held work sessions on February 7, 2019 and March 7, 2019 to
discuss the merits of the proposal and to allow Planning Commission members to discuss
concerns or possible support for such an amendment. The Planning Commission directed
Planning Department staff to complete additional research into how other cities in the Twin
Cities metropolitan area regulate animal kennels in commercial zoning districts and suggest
regulations that might be incorporated into Lakeville’s Zoning Ordinance. This research led
to considerations suggesting an amendment to the requirements in the I-1 and I-2 Industrial
Districts may also be appropriate. The Minnesota Board of Health has adopted Rules (Section
1721.0520) that sets forth specific regulations for animal kennels. The Rules are attached to
the March 8, 2019 The Planning Company (TPC) planning report.
2
This report will outline first the proposed amendment to the Zoning Ordinance for animals
kennels in the C-2 and C-3 Districts and modifications of the regulations for animal kennels in
the O-P District and the I-1 and I-2 Districts. This report will then analyze the conditional use
permit request by the applicants for the proposed animal (dog) kennel location at 16320
Kenrick Loop.
EXHIBITS
A. Zoning Map
B. Aerial Photo Map
C. Application Narrative
D. TPC Memorandum dated March 8, 2019
E. Draft Ordinance
F. February 7, 2019 Work Session Minutes
G. March 7, 2019 Work Session Minutes
H. CUP Survey/Site Plan for 16320 Kenrick Loop
I. Proposed Floor Plan
PLANNING ANALYSIS
Property. The property is guided for commercial use as identifed in the Comprehensive Plan.
The property is zoned C-3, General Commercial District.
ZONING ORDINANCE TEXT AMENDMENT
Zoning Ordinance Requirements. Sections 11-72-7.T and 11-73-7-T (C-2 and C-3 Districts)
allow commercial boarding or kenneling of domestic animals subject to approval of a
conditional use permit provided 10 criteria are met. City staff recommends that City Code
Section 5-1-12-1 (Kennel License Required, Application) be repealed. City staff has
determined that a commercial kennel that requires a conditional use permit should not
require a kennel license. The conditional use permit together with the State of Minnesota
Rules regulating kennels renders City Code 5-1-12-1 (Kennel License Required) redundant.
The applicants request eliminating or modifying five of the 10 criteria listed in Sections 11-72-
7.T and 11-73-7.T: 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 (no limit proposed).
2. Overnight boarding of animals shall not be allowed. 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. (Overnight boarding is proposed).
3
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
(outdoor exercise/relief areas will be allowed).
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 (a room or separate cage
away from the primary kennels will be provided).
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 will dispose of
solid wastes. The outdoor exercise/relief area will be connected to the building’s
sanitary sewer).
8. The appropriate license is obtained from the city clerk and the conditions of section 5-1-
12 (Animals) of this code are met (this requirement will be stricken from the City
Code).
9. All state health department and Minnesota pollution control agency requirements for
such facilities are met.
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.
Office Park District and Industrial District Modifications. Amendments to the O-P, Office
Park District and the I-1, Light Industrial and I-2, General Industrial Districts (Sections 11-75-7,
11-86-7.B and 11-87-7.C ) are also proposed based on research conducted by other cities in
the Twin Cities metropolitan area. Recommended changes include allowing animal kennel
facilities to locate in multi-tenant buildings and to allow a reduced setback for any outdoor
run/relief area, which presently requires a setback of 100 feet from a property line. The
revised setback will be 30 feet from any property line and not located in a front yard. A
conditional use permit will still be required.
Comparable Analysis. Planning Consultant Daniel Licht, of TPC, reviewed the ordinance
requirements of 12 Twin Cities area cities to understand how those cities regulate animal
kennels for comparison to Lakeville’s requirements. Most of the cities researched require a
conditional use permit and/or license to allow animal kennels or animal day care facilities.
4
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 have performance
standards based on the size and location of the kennel/dog day care business.
CONDITIONAL USE PERMIT
The applicants propose to establish the kennel in the 6,600 square foot commercial building
at 16320 Kenrick Loop. A proposed floor plan has been submitted that identifies a large
indoor dog play room, kennels toward the east side of the building, and various office and
storage spaces. The proposed outdoor relief area for the dogs will be located on the south
side of the building. The relief area will be constructed on a sloped concrete slab that will
allow wash and waste water to be drained into a sump which will then be pumped into the
building’s sewer system. This option, while acceptable to the City, will require approval and a
Sewer and Water Access fee determination from the Metropolitan Council Environmental
Services (MCES) prior to issuance of a building permit or commencement of work on site.
Engineering Division staff shall 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.
Surrounding Uses Include:
North – Automotive commercial property
South – Multi-tenant commercial property
East – Motorcycle and recreation vehicle sales and repair property
West – Kenrick Avenue and Interstate 35
Impervious Surface Area. The property is located in the Crystal Lake Watershed and a
subdistrict that restricts impervious surface area of a property to a maximum of 70%. The
survey/site plan submitted by the applicants proposes a maximum impervious surface area of
60.1%.
On-Site Parking. Section 11-19 of the Zoning Ordinance requires animal kennels to provide
one parking space for each 200 square feet of net floor area. The 6,500 square foot building
will require 29 parking spaces. A total of 32 parking spaces is provided, including two
handicap accessible spaces. Six parking spaces will be striped at the east end of the property
that will replace a number of the non-conforming parking spaces on the west side of the
property by relocating them to the east end of the property. All parking spaces and drive
aisle meet Zoning Ordinance design requirements.
5
RECOMMENDATION
Planning Department staff is supportive of the proposed Zoning Ordinance amendment to
address the growing demand for animal care facilities in Lakeville. Comparisons and analysis
of other Twin Cities metropolitan area cities indicates a wide acceptance of such facilities in
commercial and industrial areas without noticeable impact or special concerns subject to the
facility meeting certain performance standards.
Staff recommends approval of the conditional use permit for 16320 Kenrick Loop subject to
the following stipulations:
1. A building permit shall be issued prior to commencement of building remodel for the
proposed dog kennel.
2. The site shall be developed in accordance with the approved site plan prior to building
occupancy.
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 7:00 AM to 10:00 PM. Overnight
kenneling shall be allowed.
6. The dog kennel use shall operate under the terms of the Zoning Ordinance
requirements as amended to allow animal kennels in the C-3 District as adopted by
the City Council.
LeeLake
C-3
PUD RM-1P/OS
P/OS
P/OS
PUD
C-3
C-3 C-3
RS-3
RST-1
RS-3 PUD
C-3
C-3
§¨¦35
§¨¦35
456746
456746
162ND ST W JOPLINAVE165TH ST W
KENRICKAVEJOPLIN P A T HJOPLIN WAYKENYON AVEKENRICK LOOPB U C K H I L L R D
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1 6 3 2 0 K E N R I C K L O O P
16320 Kenrick Loop
Property Information
March 19, 2 019
0 225 450112.5 ft
0 60 12030 m
1:2,400
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
1
MEMORANDUM
TO: Daryl Morey, Planning Director
FROM: D. Daniel Licht, AICP
DATE: 8 March 2019
RE: Lakeville – Zoning Ordinance; Commercial Kennels
TPC FILE: 135.01
BACKGROUND
The City has received an application for a Zoning Ordinance amendment to allow for a
proposed commercial kennel at 16320 Kenrick Loop. The subject site is zoned C-3, General
Commercial District. Commercial kennels are allowed within the C-3 District subject to
approval of a conditional use permit and compliance with 10 performance requirements as set
forth in Section 11-73-7.T of the Zoning Ordinance. Commercial kennels are also allowed as a
conditional use within the C-2, Highway Commercial District, I-1, Light Industrial District, and I-
2, General Industrial District.
The applicants are seeking to modify provisions of the current Zoning Ordinance related to
maximum number of animals, allowance of overnight services, allowance of an outdoor
exercise area, and the requirements for the separation of sick animals and the disposal of
animal wastes to accommodate their proposed business at the subject site. The Planning
Commission held a work session on 7 February 2019 to discuss with the applicant their
proposed use and review the provisions of the Zoning Ordinance. Our office has been directed
to review the application and provide recommendations as to possible amendments. The
Planning Commission reviewed this information at a work session on 7 March 2019 and
indicated support for the proposed amendments of the Zoning Ordinance related to animal
kennels within commercial and industrial zoning districts.
Exhibits:
Minnesota Board of Animal Health Rules Section 1721.0520
Draft ordinance
Survey of Surrounding/Similar Cities
2
ANALYSIS
Minnesota Board of Animal Health. The Minnesota Board of Animal Health is a State agency
responsible for regulation and oversight of commercial kennels. A State-issued license is
required for operation of a commercial kennel. The kennel facility and operations are subject
to the regulations established by Minnesota Rules Section 1721.0520 that provide for
veterinary care, facility design and maintenance requirements, animal care and records keeping
to provide for protection of the animals as well as public health, safety and welfare. These
requirements apply to any commercial kennel facility operated within the City and may be
referenced as a zoning requirement.
City Code. Section 5-1-12-1 of the City Code establishes that any person keeping more than
three dogs within the City is a kennel operator and requires issuance of an annual license. The
requirement for an annual license allows the City to ensure that general care and shelter
requirements for animals are being met and that the use is not causing a risk to public health
safety and welfare or causing a nuisance on an on-going basis. However, the City’s licensing
requirement is duplicative of a State issued license. Under a conditional use permit, the City
may require the operator to maintain a State issued license for the purposes of ensuring
appropriate operation of the facility in accordance with existing comprehensive rules
established by the Board of Animal Health. City staff recommends repeal of Section 5-1-12-1 of
the City Code.
Zoning Ordinance. The table below summarizes the existing allowances for commercial kennel
uses within the City:
District C-2/C-3 I-1/I-2
Multiple Tennant Building Allowed Not allowed
Maximum Number of Dogs 20 No limit
Overnight Boarding Not allowed Allowed
Indoor Exercise Area Not regulated Minimum 100sf.
Outdoor Exercise Area Not allowed Allowed, minimum
150sf. when provided
Community Survey. Our office researched the allowances for commercial kennels in 12 Twin
Cities Metropolitan Area communities that have commercial development characteristics
similar to that of Lakeville.
Bloomington, Burnsville, Eagan, Farmington, Maple Grove, and Minnetonka allow
commercial kennels within their commercial zoning districts that have stated purposes
similar to that of the C-2 District and C-3 District in Lakeville. Apple Valley and
Woodbury allow commercial kennels within zoning district similar in purpose to the
Lakeville O-P, Office Park District. The survey suggests that commercial kennels may be
a use consistent with the character within commercial zoning districts. Lakeville may
also consider expanding allowance of commercial kennels to the O-P District.
3
For the Cities that allow commercial kennels within commercial districts, three require a
conditional use permit, two allow the use as permitted, and Burnsville allows the use as
permitted in one district and as conditional in another. The conditional use permit
process provides the City greater oversight to review compatibility for a specific location
and also provides for a public hearing process for the initial approval for public
awareness and input. We recommend that the City maintain commercial kennels as a
conditional use within those zoning districts in which it is allowed.
None of the surveyed cities include a regulation establishing a maximum number of
animals. The rules established for the Minnesota Board of Animal Health license
indirectly ensure adequate area for a facility relative to the number of animals served.
These provisions provide an adequate limit on facility capacity.
Bloomington (in one of five zoning districts), Burnsville, Farmington, and Maple Grove all
allow outdoor exercise areas for commercial kennels within commercial zoning districts;
Eagan and Minnetonka do not allow outdoor exercise areas.
Proposed amendment. Based on a review of current regulations for commercial kennels,
including Minnesota Rules, the City Code, and Zoning Ordinance provisions, as well as a survey
of surrounding/similar communities, we offer the following recommendations:
The community survey suggests that commercial kennels, including those with outdoor
areas, may be consistent with the character within commercial zoning districts. The C-2
District and C-3 District should continue to allow for commercial kennel uses, including
facilities with outdoor exercise areas. Consideration may be given to expanding
allowance of commercial kennels to the O-P District.
The conditional use permit process provides the City greater oversight to review
compatibility for a specific location and also provides for a public hearing process for the
initial approval of a commercial kennel for public awareness and input. We recommend
that the City maintain commercial kennels as a conditional use within those zoning
districts in which it is allowed.
Performance standards. The provisions for commercial kennels within commercial and
industrial districts should be standardized. Our office has drafted a proposed Zoning
Ordinance amendment to allow commercial kennels as a conditional use within the C-2,
C-3, O-P, I-1 and I-2 Districts subject to the following performance standards:
o No specified limit on the maximum number of animals.
o Require obtaining licenses issued by the Minnesota Board of Animal Health and
as required under the City Code.
4
o Require animal waste disposal via the sanitary sewer system or bi-weekly waste
disposal services.
o Maintain facility standards related to:
- Non-porous wall and floor materials or finishes.
- Provision of a room or cage to separate sick animals from the main
kennel area.
- Installation of an air exchange system.
o Allow outdoor exercise areas only:
- At stand-alone buildings.
- Within a self-contained raised curb area to contain waste runoff and
must include a waste filtration bed with once per year excavation and
disposal or connection to the sanitary sewer system.
- Setback a minimum of 500 feet from any residential district and 15 feet
from all lot lines.
- Located within an interior side or rear yard.
- When an attendant is present.
- During day time hours.
CONCLUSION
The Planning Commission will the proposed City Code and Zoning Ordinance amendment a
public hearing noticed for 4 April 2019. Our office and City staff recommend approval of the
proposed City Code and Zoning Ordinance amendment as presented.
c. Justin Miller, City Administrator
Frank Dempsey, Associate Planner
1
ORDINANCE NO. _________
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLES 5 AND 11 OF THE LAKEVILLE CITY
CODE.
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
Section 1. Section 5-1-12-1 of the Lakeville City Code (Animals –
Kennels: License Required; Application) is hereby repealed in its entirety with
subsequent sections renumbered accordingly.
Section 2. Section 11-72-7.T of the Lakeville City Code (C-2 District –
Conditional Uses) is hereby repealed in its entirety and the following provisions
added:
T. Commercial kennels for dogs, cats, and other domestic animals provided
that:
1. The facility shall be licensed in accordance with the rules of the
Minnesota Board of Animal Health.
2. Indoor animal kennel floors and walls shall be made of nonporous
materials or sealed to make it nonporous.
3. A room or cage separate from the primary kennel area shall be
provided to adequately separate animals that are sick or injured from
healthy animals.
4. All animal waste shall be disposed of at least once (1) per day to
prevent a public nuisance by being flushed down an existing sanitary
sewer system or enclosed in a container of sufficient construction to
eliminate odors and organisms that shall be emptied by a waste
disposal service a minimum of two (2) times every seven (7) days, or
as otherwise determined to be necessary to protect public health
safety and welfare.
5. A ventilation system shall be provided capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space
2
per area dedicated for the keeping of animals, exclusive of offices,
pursuant to chapter 1346 of the Minnesota state building code.
6. Within a multiple tenant building, there shall be adequate physical
separation, including soundproofing, between the kennel and other
individual tenant spaces to protect public health and safety and
prevent nuisance issues.
7. Outdoor exercise areas shall be allowed for a kennel within a single
occupancy building only, subject to the following requirements:
a. The property shall be setback a minimum of five hundred
(500) feet from any residential district.
b. The outdoor exercise area shall be located only within an
interior side yard or rear yard.
c. The outdoor exercise area shall be setback a minimum of
thirty (30) feet from all lot lines.
d. A solid fence with a minimum height of six (6) feet shall be
provided in compliance with the requirements of Section 11-
21-5 of this title to screen the outdoor exercise area from
surrounding properties and public rights-of-way.
e. The outdoor exercise area shall be contained within a raised
curb to contain waste runoff and must include a waste filtration
bed with once (1) per year excavation and disposal or
connection to the sanitary sewer system.
f. An attendant shall be present at all times to control animals
that are outdoors and prevent nuisance issues including, but
not limited to, noise.
g. No animals shall be allowed to be outdoors between the hours
of 10:00PM and 6:00AM.
Section 3. Section 11-73-7.T of the Lakeville City Code (C-3 District –
Conditional Uses) is hereby repealed in its entirety and the following provisions
added:
T. Commercial kennels for dogs, cats, and other domestic animals provided
that:
1. The facility shall be licensed in accordance with the rules of the
Minnesota Board of Animal Health.
3
2. Indoor animal kennel floors and walls shall be made of nonporous
materials or sealed to make it nonporous.
3. A room or cage separate from the primary kennel area shall be
provided to adequately separate animals that are sick or injured from
healthy animals.
4. All animal waste shall be disposed of at least once (1) per day to
prevent a public nuisance by being flushed down an existing sanitary
sewer system or enclosed in a container of sufficient construction to
eliminate odors and organisms that shall be emptied by a waste
disposal service a minimum of two (2) times every seven (7) days, or
as otherwise determined to be necessary to protect public health
safety and welfare.
5. A ventilation system shall be provided capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space
per area dedicated for the keeping of animals, exclusive of offices,
pursuant to chapter 1346 of the Minnesota state building code.
6. Within a multiple tenant building, there shall be adequate physical
separation, including soundproofing, between the kennel and other
individual tenant spaces to protect public health and safety and
prevent nuisance issues.
7. Outdoor exercise areas shall be allowed for a kennel within a single
occupancy building only, subject to the following requirements:
a. The property shall be setback a minimum of five hundred
(500) feet from any residential district.
b. The outdoor exercise area shall be located only within an
interior side yard or rear yard.
c. The outdoor exercise area shall be setback a minimum of
thirty (30) feet from all lot lines.
d. A solid fence with a minimum height of six (6) feet shall be
provided in compliance with the requirements of Section 11-
21-5 of this title to screen the outdoor exercise area from
surrounding properties and public rights-of-way.
e. The outdoor exercise area shall be contained within a raised
curb to contain waste runoff and must include a waste filtration
bed with once (1) per year excavation and disposal or
connection to the sanitary sewer system.
4
f. An attendant shall be present at all times to control animals
that are outdoors and prevent nuisance issues including, but
not limited to, noise.
g. No animals shall be allowed to be outdoors between the hours
of 10:00PM and 6:00AM.
Section 4. Section 11-75-7 of the Lakeville City Code (O-P District –
Conditional Uses) is hereby amended to add the following provisions and
renumber subsequent sections accordingly:
A. Commercial kennels for dogs, cats, and other domestic animals provided
that:
1. The facility shall be licensed in accordance with the rules of the
Minnesota Board of Animal Health.
2. Indoor animal kennel floors and walls shall be made of nonporous
materials or sealed to make it nonporous.
3. A room or cage separate from the primary kennel area shall be
provided to adequately separate animals that are sick or injured from
healthy animals.
4. All animal waste shall be disposed of at least once (1) per day to
prevent a public nuisance by being flushed down an existing sanitary
sewer system or enclosed in a container of sufficient construction to
eliminate odors and organisms that shall be emptied by a waste
disposal service a minimum of two (2) times every seven (7) days, or
as otherwise determined to be necessary to protect public health
safety and welfare.
5. A ventilation system shall be provided capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space
per area dedicated for the keeping of animals, exclusive of offices,
pursuant to chapter 1346 of the Minnesota state building code.
6. Within a multiple tenant building, there shall be adequate physical
separation, including soundproofing, between the kennel and other
individual tenant spaces to protect public health and safety and
prevent nuisance issues.
7. Outdoor exercise areas shall be allowed for a kennel within a single
occupancy building only, subject to the following requirements:
5
a. The property shall be setback a minimum of five hundred
(500) feet from any residential district.
b. The outdoor exercise area shall be located only within an
interior side yard or rear yard.
c. The outdoor exercise area shall be setback a minimum of
thirty (30) feet from all lot lines.
d. A solid fence with a minimum height of six (6) feet shall be
provided in compliance with the requirements of Section 11-
21-5 of this title to screen the outdoor exercise area from
surrounding properties and public rights-of-way.
e. The outdoor exercise area shall be contained within a raised
curb to contain waste runoff and must include a waste filtration
bed with once (1) per year excavation and disposal or
connection to the sanitary sewer system.
f. An attendant shall be present at all times to control animals
that are outdoors and prevent nuisance issues including, but
not limited to, noise.
g. No animals shall be allowed to be outdoors between the hours
of 10:00PM and 6:00AM.
Section 5. Section 11-86-7.B of the Lakeville City Code (I-1 District –
Conditional Uses) is hereby repealed in its entirety and the following provisions
added:
B. Animal kennels for dogs, cats and other domestic animals provided that:
1. The facility shall be licensed in accordance with the rules of the
Minnesota Board of Animal Health.
2. Indoor animal kennel floors and walls shall be made of nonporous
materials or sealed to make it nonporous.
3. A room or cage separate from the primary kennel area shall be
provided to adequately separate animals that are sick or injured from
healthy animals.
4. All animal waste shall be disposed of at least once (1) per day to
prevent a public nuisance by being flushed down an existing sanitary
sewer system or enclosed in a container of sufficient construction to
6
eliminate odors and organisms that shall be emptied by a waste
disposal service a minimum of two (2) times every seven (7) days, or
as otherwise determined to be necessary to protect public health
safety and welfare.
5. A ventilation system shall be provided capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space
per area dedicated for the keeping of animals, exclusive of offices,
pursuant to chapter 1346 of the Minnesota state building code.
6. Within a multiple tenant building, there shall be adequate physical
separation, including soundproofing, between the kennel and other
individual tenant spaces to protect public health and safety and
prevent nuisance issues.
7. Outdoor exercise areas shall be allowed for a kennel within a single
occupancy building only, subject to the following requirements:
a. The property shall be setback a minimum of five hundred
(500) feet from any residential district.
b. The outdoor exercise area shall be located only within an
interior side yard or rear yard.
c. The outdoor exercise area shall be setback a minimum of
thirty (30) feet from all lot lines.
d. A solid fence with a minimum height of six (6) feet shall be
provided in compliance with the requirements of Section 11-
21-5 of this title to screen the outdoor exercise area from
surrounding properties and public rights-of-way.
e. The outdoor exercise area shall be contained within a raised
curb to contain waste runoff and must include a waste filtration
bed with once (1) per year excavation and disposal or
connection to the sanitary sewer system.
f. An attendant shall be present at all times to control animals
that are outdoors and prevent nuisance issues including, but
not limited to, noise.
g. No animals shall be allowed to be outdoors between the hours
of 10:00PM and 6:00AM.
7
Section 6. Section 11-87-7.C of the Lakeville City Code (I-2 District –
Conditional Uses) is hereby repealed in its entirety and the following provisions
added:
C. Animal kennels for dogs, cats and other domestic animals provided that:
1. The facility shall be licensed in accordance with the rules of the
Minnesota Board of Animal Health.
2. Indoor animal kennel floors and walls shall be made of nonporous
materials or sealed to make it nonporous.
3. A room or cage separate from the primary kennel area shall be
provided to adequately separate animals that are sick or injured from
healthy animals.
4. All animal waste shall be disposed of at least once (1) per day to
prevent a public nuisance by being flushed down an existing sanitary
sewer system or enclosed in a container of sufficient construction to
eliminate odors and organisms that shall be emptied by a waste
disposal service a minimum of two (2) times every seven (7) days, or
as otherwise determined to be necessary to protect public health
safety and welfare.
5. A ventilation system shall be provided capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space
per area dedicated for the keeping of animals, exclusive of offices,
pursuant to chapter 1346 of the Minnesota state building code.
6. Within a multiple tenant building, there shall be adequate physical
separation, including soundproofing, between the kennel and other
individual tenant spaces to protect public health and safety and
prevent nuisance issues.
7. Outdoor exercise areas shall be allowed for a kennel within a single
occupancy building only, subject to the following requirements:
a. The property shall be setback a minimum of five hundred
(500) feet from any residential district.
b. The outdoor exercise area shall be located only within an
interior side yard or rear yard.
c. The outdoor exercise area shall be setback a minimum of
thirty (30) feet from all lot lines.
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d. A solid fence with a minimum height of six (6) feet shall be
provided in compliance with the requirements of Section 11-
21-5 of this title to screen the outdoor exercise area from
surrounding properties and public rights-of-way.
e. The outdoor exercise area shall be contained within a raised
curb to contain waste runoff and must include a waste filtration
bed with once (1) per year excavation and disposal or
connection to the sanitary sewer system.
f. An attendant shall be present at all times to control animals
that are outdoors and prevent nuisance issues including, but
not limited to, noise.
g. No animals shall be allowed to be outdoors between the hours
of 10:00PM and 6:00AM.
Section 7. This ordinance shall be effective immediately upon its
passage and publication.
ADOPTED this ____ day of ________, 2019, by the City Council of the City
of Lakeville, Minnesota.
CITY OF LAKEVILLE
BY:_________________________________
Douglas P. Anderson, Mayor
ATTEST:__________________________________
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
PLANNING COMMISSION WORK SESSION MINUTES
February 7, 2019
The work session convened at 5:08 p.m.
Members Present: Karl Drotning, Brooks Lillehei, Jeff Witte, and Vice Chair Jason
Kelvie (arrived at 5:38 due to the weather)
Members Absent: Chair Pat Kaluza, Scott Einck, and Jason Swenson
Staff Present: Planning Director Daryl Morey and Associate Planner Frank Dempsey
Others Present: Joe Pannuk, Bill Boldenow, and Carmen Kjos
Commercial Boarding or Kenneling of Domestic Animals
Mr. Dempsey provided an overview of the current Zoning Ordinance requirements
pertaining to the boarding or kennelling of domestic animals as outlined in his planning
memo dated February 1st. He described the research he conducted, and the issues that
were raised, at a similar facility located in Apple Valley.
Mr. Boldenow and Mr. Pannuk described their proposed use and how they believe their
proposed location at 16320 Kenrick Loop would be ideal. The following was discussed:
• The Planning Commission asked for clarification on the number of kennels
proposed by the applicants and the Zoning Ordinance parking requirements (are
they similar the requirements for a commercial day care use?).
• The Planning Commission discussed changing the number of dogs allowed to a
square foot/dog ratio based on the indoor play area and kennel area.
• Animal waste handling, disposal, pickup service, containment of waste drainage
and odors, and cleaning of the outdoor run area was discussed at length.
• Connection of the outdoor play area to City sanitary sewer or allowing the animal
waste to drain into the storm sewer was discussed (staff does not support using
the storm sewer system for handing animal wastes).
• The Planning Commission expressed concerns about noise mitigation from
indoor and outdoor areas to adjacent properties.
• Minimum and maximum size and screening of the outdoor play area was
discussed.
• Comparison of the commercial district and industrial district animal kennelling
performance standards was discussed.
• Consider including standards from the State of Minnesota Animal Welfare.
Planning Commission Work Session Minutes – February 7, 2019 Page 2
The Planning Commission expressed support for amending the performance standards
for the C-2 and C-3 District and bringing it back for further discussion at a work session,
possibly on March 7th.
The work session concluded at 6:16 p.m.
Respectfully submitted,
Daryl Morey, Planning Director
CITYOFLAKEVILLE
PLANNINGCOMMISSIONWORKSESSION MINUTES
March7, 2019
Theworksessionconvenedat7:52p.m.
MembersPresent: ChairPatKaluza, ViceChairJasonKelvie, KarlDrotning, Scott
Einck, BrooksLillehei, JasonSwenson, andPaulJarvis
MembersAbsent: JeffWitte
StaffPresent: PlanningDirectorDarylMoreyandAssociatePlannerFrankDempsey
OthersPresent: JoePannukandBillBoldenow
ContinuedDiscussionofCommercialBoardingorKenneling ofDomestic
Animals
Mr. Dempseyprovidedanoverviewoftheproposed ZoningOrdinance amendment
preparedbyplanningconsultantDanielLichtofTPCpertainingtotheboarding or thkennellingofdomesticanimalsasoutlinedinMr. Licht’smemodatedFebruary27.
Mr. PannukandMr. Boldenowexpressedsatisfaction withtheproposedZoning
Ordinance amendment; however, theyrequestedthattheproposedsideandrearyard
setbackoftheoutdoorexercisearea bereducedfrom30feetto10or15feet. They
alsoaskedforclarificationontheproposed requirementconcerning thecontainment
anddisposalofanimalwasteintheoutdoorexercise area.
ThePlanningCommissionaskedabouttheexistingoutdoorexercisearearequirements
intheI-1andI-2districts. Staffrespondedthattheoutdoorexerciseareamustbe
fencedandmustbesetback100feetfromsideandrearpropertylines. ThePlanning
Commissionalsodiscussedifthereshouldbealimitonthenumberofdogs allowedin
theoutdoorexerciseareaatanyonetime.
ThePlanningCommissionexpressed supportforthedraftZoningOrdinance
amendmentaspresented. Mr. MoreystatedthatapublichearingfortheZoning thOrdinanceamendment, andconditionalusepermit, willbescheduledfortheApril4
PlanningCommissionmeeting. TheapplicationscouldthenbeconsideredattheAprilth15CityCouncilmeeting.
Theworksessionconcludedat8:36p.m.
Respectfullysubmitted,
DarylMorey, PlanningDirector
BUILDINGREMOVE EXISTINGCONCRETE WALK AREASRELOCATE 6 STALLS TOTHE EAST SIDE TO MEETPARKING GUIDELINESREMOVE 1 STALLBUILDING(3) NEW MECH. EQUIPMENTUNITS 5'x7'PERIMETER 4.5" CURBNEW 6' VINYLPRIVACY FENCENEW DOG EXERCISE AREA(CONCRETE SURFACE)AREA DRAIN AND PIPINGTO INTERIOR SUMP PUMPTO EXISTING SANITARY.968.0967.5967.5968.0968.0967.224.06 NEW STALLS(NEW STRIPING)9.0
18.029.526.625.4764969.0 18.0EXISTING LEGENDLOT LINERIGHT-OF-WAY LINEEASEMENT LINEWATER MAINSANITARY SEWERSTORM SEWERWATER SERVICESANITARY SERVICECHAIN LINK FENCEVINYL/WOOD FENCELIGHT POLEPOWER POLEXFMR.TRANSFORMERCBLX.CABLE BOXTEL.TELEPHONE BOXE.M.ELECTRIC METERG.M.GAS METERA.C.AIR CONDITIONERHYDRANTWATER VALVEP.I.V.POST INDICATOR VALVESANITARY MANHOLEC.O.CLEANOUTSTORM MANHOLEAREA CATCH BASINCATCH BASINCONIFEROUS TREEDECIDUOUS TREECONTOUR LINESPOT ELEVATIONDRAINAGE ARROWDETAILNOTEI hereby certify that this is a correct representation of a survey of:Lot 2, Block 1, JACKSON'S FIRST ADDITION, Dakota County,Minnesota, according to the recorded plat thereof.And that this survey and certificate was prepared by me or undermy direct supervision, and that I am a duly licensed LandSurveyor under the laws of the State of Minnesota.Grant D. Jacobson, MN License No. 23189Dated this 28th Day of March, 20191)BENCHMARK - TOP NUT HYDRANT ON WEST SIDE OF SITEELEVATION = 974.192)TOTAL AREA OF PROPERTY = 46,986 SQ. FT.EXIST AREA OF IMPERVIOUS = 27,690 SQ. FT. = 58.9%AREA OF PROP. IMPERVIOUS = 28,430 SQ. FT. = 60.1%3)PROPERTY ADDRESS: 16320 KENRICK LOOP LAKEVILLE, MN.4)PROPOSED SITE HAS 32 PARKING STALLS WITH 2 OF THEMBEING HANDICAP.EXISTINGPROPOSED
1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
JOBI PROPERTIES ZONING ORDINANCE AMENDMENT AND
CONDITIONAL USE PERMIT
FINDINGS OF FACT AND RECOMMENDATION
On April 18, 2019 the Lakeville Planning Commission met at it’s regularly scheduled
meeting to consider the request of Jobi Properties for an Amendment to Sections 11-72-7.T
and 11-73-7-T (C-2 and C-3 Districts); Sections 11-75-7, 11-86-7.B and 11-87-7.C (OP, I-1 and
I-2 Districts and City Code 5-1-12-1, Kennel License Required) and a conditional use permit to
allow operation of a dog kennel business in the C-3, General Commercial District on property
located at 16320 Kenrick Loop. The Planning Commission conducted a public hearing on
the proposed conditional use permit preceded by published and mailed notice. The
applicants were present and the Planning Commission heard testimony from all interested
persons wishing to speak.
FINDINGS OF FACT
1. The property is located in Planning District No. 1 of the 2008 Comprehensive Plan, which
guides the property for commercial use.
2. The property is zoned C-3, General Commercial District.
3. The legal description of the property is:
Lot 2, Block 1, Jackson’s First Addition
4. Section 11-3-3E and 11-4-3E of the City of Lakeville Zoning Ordinance provides that a
Zoning Ordinance amendment and conditional use permit may not be issued unless
certain criteria are satisfied. The criteria and our findings regarding them are:
a. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City
Comprehensive Plan.
Finding: Animal kennels are allowed in the C-3, General Commercial District subject to
approval of a conditional use permit. The commercial use of the property is consistent with
the 2030 Land Use Plan and District 1 recommendations of the Comprehensive Plan.
b. The proposed use is or will be compatible with present and future land uses of the
area.
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Finding: The proposed dog kennel use will be compatible with other commercial uses in the
area.
c. The proposed use conforms with all performance standards contained in the
Zoning Ordinance.
Finding: The proposed dog kennel will comply with all requirements of the Zoning Ordinance
for the C-3, General Commercial District.
d. The proposed use can be accommodated with existing public services and will not
overburden the City’s service capacity.
Finding: The subject property lies within in the current MUSA. The property is served
with City sanitary sewer and water. The dog kennel will have no impact on the City’s
service capacity.
e. Traffic generation by the proposed use is within capabilities of streets serving
the property.
Finding: Streets serving the property can accommodate the proposed dog kennel
commercial use proposed for the building.
5. The planning report dated April 12, 2019 prepared by Associate Planner Frank Dempsey is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the conditional use
permit conditioned upon compliance with the planning report prepared by Frank
Dempsey, Associate Planner, dated April 12, 2019.
DATED: April 18, 2019
LAKEVILLE PLANNING COMMISSION
BY: ________________________________
Pat Kaluza, Chair